Ex Parte Maxon et al - Page 3




            Appeal No. 2004-0600                                                    Paper 16                  
            Application No. 10/024,983                                              Page 3                    
                   emulsifying silicone elastomers, meaning that polyoxyalkylene units are                    
                   absent.  Otherwise, the ",T-diene crosslinked silicone elastomers                          
                   suitable for use according to this invention are the compositions described                
                   in US Patent 5,654,362 [i.e., Schulz] (August 5, 1997).                                    
            4.     The compositions are said to be useful in a variety of personal care products,             
            e.g.,                                                                                             
                   ...antiperspirants, deodorants, skin creams, skin care lotions, moisturizers,              
                   facial treatments such as acne or wrinkle removers, personal and facial                    
                   cleansers, bath oils, perfumes, colognes, sachets, sunscreens, pre-shave                   
                   and after-shave lotions, liquid soaps, shaving soaps, shaving lathers, hair                
                   shampoos, hair conditioners, hair sprays, mousses, permanents,                             
                   depilatories, cuticle coats, make-ups, color cosmetics, foundations,                       
                   blushes, lipsticks, lip balms, eyeliners, mascaras, oil removers, color                    
                   cosmetic removers, and powders (specification, ¶ 48).                                      
            The compositions are also said to be useful "as carriers for pharmaceuticals, biocides,           
            herbicides, pesticides, and to incorporate various types of water soluble substances              
            and oil soluble substances into hydrophilic and hydrophobic systems" (id.).                       
            Either the discontinuous aqueous phase or the continuous oil phase contains a water               
            soluble active ingredient or oil soluble active ingredient, respectively (specification, ¶ 8).    
            5.     Water soluble active ingredients include vitamins B1, B2, B6, B12, niacin, folic acid,     
            biotin and pantothenic acid (specification, ¶  32).                                               
            6.     Oil soluble active ingredients include vitamin E, tocopherol, esters of vitamin E,         
            "-tocopherol, ß-tocopherol, (-tocopherol, )-tocopherol, tocophersolan, tocopheryl                 
            acetate, tocopheryl palmitate, tocopheryl linoleate, tocopheryl nicotinate, tocopheryl            
            succinate and mixtures thereof (specification, ¶ 33).                                             
            7.     Active forms of vitamin E, i.e., tocopherol, are said to exhibit signs of degradation      
            and instability in prior art W/O systems (specification, ¶ 4).                                    







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