Appeal No. 95-4250 Page 7
Application No. 08/086,395
appellant's conclusion that the claims including the phrase
"matching the refractive indices..." are reasonably definite so
as to be in compliance with 35 U.S.C. § 112, second paragraph.
Accordingly, we can not sustain this rejection.
Rejection under 35 U.S.C. § 103 over
Yoneyama in view of Legrow and Shioya
Yoneyama discloses a water-in-oil emulsion composition and
preparation method useful in cosmetic as well as other
applications. The composition of Yoneyama includes an oil phase
including silicone compounds and polyether modified silicone
compounds and a water phase that is added thereto by mixing.
The water phase of Yoneyama may include a polyhydric alcohol
such as glycerine (Example 1-2), one of appellant's disclosed
humectants (appellant's specification, page 13, lines 9-18).
The examiner acknowledges that Yoneyama does not disclose
the use of an oxyethylene organosilane in the water phase and
refractive index matching of the oil and water phases in
preparing the composition as required by the appealed claims
herein (examiner's answer, page 6). According to the examiner,
it would have been obvious to one of ordinary skill in the art
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