Appeal No. 2004-0600 Paper 16
Application No. 10/024,983 Page 9
said to contain 70 parts powdered elastomer, i.e., to contain 70 wt.%.4
Notably, Schulz's ",T-diene crosslinked silicone elastomers do not contain any
oxyalkylene units in their structure, whereas Lin expressly states that "effective vitamin
delivery can only be accomplished by using an elastomeric silicone polyether containing
4-30 [ethylene oxide] (EO) units in its molecule" (FF 17).
d. the secondary reference, Remington, describes the
claimed nonionic organic emulsifier
30. According to Remington, nonionic surfactants derived from sorbitan, e.g.,
polysorbate 20, "are very useful as emulsifying agents forming O/W emulsions in
pharmaceuticals, cosmetics and other types of products" (p. 1314, c. 2, ¶ 4, emphasis
added).
Notably, Remington's nonionic surfactant is used in an O/W emulsion, not a W/O
emulsion as described by Lin.
e. the secondary reference, Zhang, describes the claimed
solvent
31. Zhang describes "making a silicone elastomer by combining and reacting in one
pot (A) /Si !H containing polysiloxane; (B) a mono-alkenyl polyether; (C) an
unsaturated hydrocarbon such as an alpha, omega-diene; (D) a solvent; and (E) a
platinum catalyst until a silicone elastomer is formed" (c. 1, ll. 49-55).
32. Solvents exemplified by Zhang include (i) linear volatile methyl siloxanes, e.g.,
hexamethyldisiloxane, octamethyltrisiloxane, decamethyltetrasiloxane,
4 According to the examiner, "Schulz ... teaches the weight percent of ",T-diene crosslinked
silicone elastomer to be about 7.8% (See particularly col. 6, lines 42-65, Example III)" (Final Rejection, p.
3, last ¶). It is unclear how the examiner arrived at the alleged wt.%.
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