Appeal No. 2004-0600 Paper 16
Application No. 10/024,983 Page 7
polyoxyethylene or polyoxyethylene copolymeric units grafted onto a silicone backbone,
... (See ... col. 6, lines 2 - col. 7, line 32...)" (Final Rejection, p. 3, ¶ 2).
The examiner's position appears to be that Schilling describes the "rake type"
linear silicone polyether ("SPE") alternative recited in claim 7.3
22. According to Schilling, the described linear silicone polyether copolymers "are
particularly useful as surfactants and foam stabilizers for the production of polyurethane
foams" (abstract) (see also c. 1, ll. 13-15). Further according to Schilling, the SPE
copolymers "can be used in water systems as wetting agents, thickeners, and
emulsifiers", e.g., "in aerosol shaving cream formulations" (c. 5, l. 67 - c. 6, l. 3). Still
further according to Schilling, "[t]hese copolymers perform very well in water systems
because they are nonhydrolyzable" (c. 12, ll. 30-32).
23. Schilling suggests substituting its SPE copolymers for, and in the same amounts
as, hydrolyzable SPE foam components used in prior art compositions, e.g., about 0.5
wt.% to about 2.0 wt.% in typical urethane foam compositions (¶ bridging ccs. 12-13).
24. The examiner has not pointed out, and we do not find, where Schilling discusses
W/O emulsions containing oil soluble vitamins.
c. the secondary reference, Schulz, describes the claimed
",T-diene crosslinked silicone elastomer having no
oxyalkylene units in its structure
25. The involved specification (¶¶ 22-23) expressly cites Schulz as describing ",T-
diene crosslinked silicone elastomers suitable for use in appellants' claimed invention.
3 The record does not define a "linear silicone polyether having a rake type structure". Appellants
do not dispute the examiner's interpretation of Schilling.
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