Appeal 2007-0284
Application 10/454,564
droplets of the silicone oil are suspended in the composition . . . .” (Murray,
col. 1, ll. 10-13.)
4. Murray further discloses “incorporating the silicone as a preformed
aqueous emulsion” to avoid using an “in situ hot process[]” and thereby to
make processing “easier.” (Id., col. 1, ll. 39-48.)
5. According to Murray, a “typical method for incorporating
insoluble, non-volatile silicone materials into a conditioning shampoo” is
one “in which such materials are incorporated in the shampoo composition
as a pre-formed aqueous emulsion . . . .” (Id., col. 1, ll. 49-54.)
6. More specifically, Murray discloses preparing a shampoo by
“mixing” with water and other ingredients, a pre-emulsified non-amino
functionalized silicone and a pre-emulsified amino functionalized silicone.
(Murray, col. 9, l. 24 to col. 10, l. 19 (Examples 1 & 2).)
7. Appellants’ and Murray’s emulsions are “stable mixture[s] of two
or more immiscible liquids”, i.e., silicones and water, “held in suspension by
small percentages of emulsifiers.” Hawley’s Condensed Chemical
Dictionary 460 (11th ed. 1987).
8. Appellants’ and Murray’s predominantly aqueous shampoos are
“emulsions … comprised of a continuous [hydrophilic] phase”, i.e., water,
“and a [hydrophobic] disperse phase”, i.e., the various silicones. Id.
9. In the absence of any teaching or suggestion to the contrary and
based on the general laws of physics regarding the combination of
hydrophobic and hydrophilic substances, Murray’s mixing the two pre-
formed silicone emulsions in his aqueous-based shampoo in Examples 1 and
2 would result in at least some droplets containing amino functionalized
4
Page: Previous 1 2 3 4 5 6 7 Next
Last modified: September 9, 2013