Appeal No. 1995-4072
Application No. 08/105,008
(A) a water insoluble hair dye
encapsulated in
(B) a shell material;
(ii) a suspending agent to suspend the
capsules; and
(iii) a carrier comprising water;
(b) breaking the capsules while the capsules are
in contact with the hair to release the water insoluble hair
dye;
(c) while simultaneously disintegrating the shell
material into residual particles having a diameter of about 10
microns or less; and
(d) allowing the hair conditioning composition and the
residual particles of shell material to remain in contact with
the hair at least until the next hair shampooing.
As evidence of obviousness, the examiner relies on the
following prior art:
Vanlerberghe et al. (Vanlerberghe) 5,021,200 Jan. 4,
1991
Noda et al. (Noda) 5,089,269 Feb. 18, 1992
(filed May 27, 1988)
Claims 1, 2, 4 through 22, 24 through 32 and 34 through
38 stand rejected under 35 U.S.C. § 103 as unpatentable over
the disclosure of Noda. Claims 29 through 32 and 34 through
38 stand rejected under 35 U.S.C. § 103 as unpatentable over
the combined disclosures of Noda and Vanlerberghe.
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