Ex Parte Lemann et al - Page 6


                  Appeal No. 2006-0391                                                                                           
                  Application No. 10/366,371                                                                                     
                  oxyalkylenated silicone and silicone oil necessary to make the compounds                                       
                  described in the claims, we cannot sustain this rejection.                                                     
                          Accordingly, Rejection I is reversed.                                                                  


                  II.  Claims 17 and 50                                                                                          
                          Since the affirmance of the rejection of claims 17 and 50 is contingent                                
                  upon our finding that the subject matter of claims 1-4, 7-16, 18-37, 40-49, 51-69,                             
                  76 and 77 would have been obvious to one of ordinary skill in the art in view of                               
                  the teachings of Nojima, which we did not, it reasonably follows that we reverse                               
                  this rejection as well.                                                                                        


                                                         REVERSED                                                                


                                                                        )                                                        
                                  Joan Ellis    )                                                                                
                                  Administrative Patent Judge )                                                                  
                                                                        )                                                        
                                                                        )                                                        
                                                                        ) BOARD OF PATENT                                        
                                  Donald E. Adams   )                                                                            
                                  Administrative Patent Judge )   APPEALS AND                                                    
                                                                        )                                                        
                                                                        ) INTERFERENCES                                          
                                                                        )                                                        
                                  Eric Grimes    )                                                                               
                                  Administrative Patent Judge )                                                                  




                      JE/eld                                                                                                     


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