Appeal 2006-3047
Application 09/820,934
STATEMENT OF THE CASE
“[T]he present invention . . . provides a composition for durable
conditioning of at least one keratinous fiber” (Spec. 4: 15-16).
Claims 1-9, 13-19, 33-42, and 56-59 stand rejected under 35 U.S.C.
§ 103(a)2 as unpatentable over Niemiec3 and Bertho.4
Appellants have not argued the rejected claims separately. Therefore,
we will focus on claim 1 as representative of the claimed subject matter, and
claims 2-9, 13-19, 33-42, and 56-59 will stand or fall with claim 1, as
provided for in 37 C.F.R. § 41.37(c)(1)(vii).
Claim 1 reads as follows:
1. A composition for durable conditioning of at least one
keratinous fiber comprising:
(a) at least one compound comprising at least two quaternary
ammonium groups; and
(b) at least one sugar chosen from C3 to C5 monosaccharides
substituted with at least one C1 to C22 carbon chain,
wherein said at least one compound and at least one
sugar are present in an amount effective to durably condition
said at least one keratinous fiber.
2 The inclusion of claims 29-32 under this ground of rejection on page 3 of
the Answer appears to be a typographical error (see e.g., Answer 2, and the
Notice of Panel Decision mailed August 30, 2005, both of which indicate
that claims 29-32 would be allowable if rewritten in independent form).
3 U.S. Patent 6,495,498 B2 to Niemiec et al., issued December 17, 2002.
4 U.S. Patent 5,688,930 to Bertho et al., issued November 18, 1997.
2
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