Appeal No. 2003-0862
Application No. 09/518,032
polydimethylsiloxane gum. Id. Additional water insoluble conditioning compounds may
be added to the composition such as amino functional silicones. Dowell, column 12;
Answer, page 6. Other various silicone mixtures are described in Dowell. As to claim
8, Dowell describes preparation of emulsions using moderate agitation. Columns 17,
19 and 20.
We again agree that the examiner has presented sufficient evidence to support a
prima facie case of obviousness with respect to claims 1 and 8.
Appellants present rebuttal argument similar to that presented in rebuttal of
Murray. In particular, appellants argue that Dowell teaches “just a list of various
classes of possible conditioning agents, it can easily be seen that millions of possible
conditioning agents are disclosed in the ‘154 patent.” Brief, page 16. The appellants
find “[n]o mention [in Dowell] .. of silicone conditioning agents of amino functionalized
silicones.” Id.
We are not persuaded by this argument. Dowell clearly indicates that a silicone
gum may be used in combination with a volatile silicone ingredient. Dowell, column 10,
lines 7-15. Dowell, column 12, lines 22-45 reasonably suggests that amino
functionalized silicones may also be incorporated into the water soluble conditioning
compounds. Such water soluble conditioning compounds may contain a silicone gum
in combination with a volatile silicone ingredient. Dowell, column 10.
8
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