Appeal No. 1996-2336
Application 08/270,345
the cyclicsiloxanes prior to their addition into the mixture
(brief, page 9).
Appellant’s independent claims require that the
cyclicsiloxanes are not mechanically pre-emulsified prior to
addition into mixture (I). This mixture includes the
cyclicsiloxane, nonionic surfactant, ionic surfactant, water
and catalyst components. When Graiver forms his precursor
emulsion in examples 9 and 10, he combines the cyclicsiloxane
with the nonionic surfactant and water, which are components
of appellant’s mixture (I). Because the nonionic surfactant
and water with which the cyclicsiloxane is mixed are
components of appellant’s mixture (I), Graiver’s precursor
emulsion formation takes place after, rather than before, the
cyclicsiloxane is added into the mixture. Consequently, the
method in Graiver’s examples 9 and 10 is not excluded by
appellant’s claims.
Appellant’s claim 12 requires that a desired particle
9
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