Ex Parte Gee et al - Page 4


         Appeal No. 2003-0941                                                       
         Application No. 09/797,296                                                 

              The examiner concludes that it would have been obvious to             
         have removed the cyclic polysiloxanes from the polymerized                 
         silicon polymer emulsions of Traver, by contacting the emulsion            
         with the pervaporation membrane of McGlothlin because McGlothlin           
         teaches that the pervaporation membrane method eliminates the              
         drawbacks known to exist in conventional separation methods.               
         Answer, page 5.                                                            

         II.  Appellants’ Position                                                  
              Applicants state that each of the applied references are              
         discussed in the specification, and as noted in the                        
         specification, appellants state that Traver does not disclose              
         pervaporation, Hatch does not teach stripping emulsions nor                
         pervaporation, and McGlothlin fails to disclose pervaporation              
         for removing volatile siloxanes from emulsions containing                  
         siloxane polymers.  Brief, page 4.                                         
              Further, appellants argue that the unexpected results of              
         their invention are that the viscosity of polysiloxanes is                 
         better controlled, as compared to Traver’s technique, and no               
         foam control is required in comparison to the technique used in            
         Traver.  Brief, page 4.                                                    
              Applicants further argue that their technique provides                
         improvement in the amount of volatile siloxanes which can be               
         removed from an emulsion, as compared to the amount of volatile            
         siloxanes removed in example 11 of Traver (we find that Example            
         11 of Traver removes about 6% of the volatiles).  The amount               
         removed according to appellants’ technique is 26%, 54%, and 38%,           
         respectively, as shown in appellants’ Tables 1-3.  Brief, page             
         4.                                                                         




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