Appeal No. 2004-0600 Paper 16
Application No. 10/024,983 Page 10
dodecamethylpentasiloxane, and hexadecamethylheptasiloxane, and (ii) cyclic volatile
methyl siloxanes, e.g., hexamethylcyclotrisiloxane, octamethylcycloteterasiloxane,
decamethylcyclopentasiloxane and dodecamethylcyclohexasiloxane (c. 4, ll. 24-47; c.
5, ll. 17-27).
33. Zhang's silicone elastomers can be used to form pastes said to "have excellent
spreadability upon rubbing, and possess unique rheological properties in being
thixotropic and shear thinning" and which are said to be "easily emulsified with water ...
without using a surfactant..." (abstract).
34. Similar to pastes formed from Schulz's ",T-diene crosslinked silicone elastomer,
Zhang's pastes are also useful in a variety of personal care products, e.g.,
antiperspirants and deodorants, skin creams, facial treatments, shaving lotions, soaps,
shampoos, cosmetics, and "as delivery systems for oil and water soluble substances
such as vitamins" (c. 7, ll. 12-30), and beyond the personal care arena, e.g., as
electrical cable filler or insulation or as a carrier for pharmaceuticals, biocides,
herbicides, pesticides, and other biologically active substances (c. 7, ll. 35-55).
3. the examiner's position
35. In essence, the examiner's position is that
it would have been obvious to one of ordinary skill in the art to modify the W/O
emulsions of Lin containing oil soluble vitamins, e.g., vitamins A and E, entrapped in an
elastomeric silicone polyether, by incorporating therein (i) the claimed linear silicone
polymer (Schilling), (ii) the claimed nonionic organic emulsifier (Remington) and (iii) the
claimed solvent (Zhang), and by (iv) substituting the claimed ",T-diene crosslinked
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