Appeal No. 95-4250 Page 4
Application No. 08/086,395
group of one to six carbon atoms, and an aryl group; and x is
six to thirty.
22. A gel comprising a composition made by (i) forming an
oil phase having a volatile silicone, a siloxane polyether, and
an emollient; (ii) forming a water phase having water, and an
oxyethylene functional organosilane; (iii) measuring the
refractive index of the oil phase and the water phase; (iv)
matching the refractive indices of the oil phase and the water
phase; (v) adding the water phase to the oil phase: and (vi)
subjecting the phases to shear mixing; the volatile silicone
being selected from the group consisting of cyclopolysiloxanes
of the formula [(CH ) SiO] and linear siloxanes of the formula
3 2 x
(CH ) SiO[(CH ) SiO] Si(CH ) in which x is three to ten and y is
3 3 3 2 y 3 3
zero to four; and the oxyethylene functional organosilane has
the formula RSiR' in which R is the radical -O(CH CH O) R"; R'3 2 2 x
is R or an alkyl radical having one to six carbon atoms; and R"
is selected from the group consisting of hydrogen, an alkyl
group of one to six carbon atoms, and an aryl group; and x is
six to thirty.
The prior art references of record relied upon by the
examiner in rejecting the appealed claims are:
Yoneyama et al. (Yoneyama) 5,015,469 May 14,
1991
Legrow et al. (Legrow) 5,157,139 Oct. 20,
1992
Shioya et al. (Shioya) 5,306,838 Apr. 26,
1994
Claims 1, 3-5, 7-9, 12, 14, 15, 17, 18, and 21-24 stand
rejected under 35 U.S.C. § 112, second paragraph as being
indefinite for failure to particularly point out and distinctly
claim the subject matter which applicant regards as the
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