(Kumar ‘958, page 25, line 26 to p. 26, line 6).
Kumar ‘958 was filed with 58 claims. Of the 58 claims, claims 1, 34 and 45 were
independent claims. Claim 1 was directed to a composition comprising a graft or block
copolymer of formula (A) whereas independent claims 34 and 45 were directed to polymers
formed by a reaction involving the mercapto-functional silicone compound (B).
Concurrent with the filing of the Kumar ‘958 application, Kumar cancelled claims 1-58
and added claims 59-114. (Preliminary Amendment, Paper No. 3). Of claims 59-114, only
claims 59 and 98 were independent claims. Claim 59 was directed to a hair cosmetic
composition having a graft or block copolymer of formula (A) and claim 98 was directed to a
copolymer reaction product involving the mercapto-functional silicone compound of formula
(B).
On November 13, 1995, Kumar filed an Amendment that added new claims 115-129.
According to Kumar:
The above claims [115-129] correspond exactly to the claims of U.S. Patent No.
5,362,485 to Hayama et al. These claims are submitted at this time so that these
claims are on file within one year of the patent grant of the Hayama patent.
(Amendment Under 37 CFR 1.111, Paper No. 5, p. 4). In presenting the Amendment, we note
that Kumar offered no guidance as to how the copied claims were supported by the Kumar ‘958
application.
Claim 115, the only independent claim submitted, related to a hair cosmetic composition
comprising a copolymer comprising a first unit containing a polysiloxane group of the general
formula (1) and/or (2):
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