Appeal 2006-3047
Application 09/820,934
THE ISSUE ON APPEAL
The sole issue raised by this appeal is whether it would have been
obvious for one of ordinary skill in the art to have formed a composition
combining at least one compound comprising at least two quaternary
ammonium groups (e.g., the polyquaternium-10 taught by Niemiec) and at
least one sugar chosen from C3 to C5 monosaccharides substituted with at
least one C1 to C22 carbon chain (e.g., the alkyl pentoside surfactants taught
by Bertho).
FINDINGS OF FACT
Niemiec
1. Niemiec describes “compositions that . . . effectively cleanse the hair
[and] also impart superior wet stage and dry stage conditioning properties to
hair in a single application” (Niemiec, col. 1, ll. 8-11).
2. Niemiec’s compositions comprise “a) at least one water soluble
silicone agent; b) at least one cationic conditioning agent; and c) at least one
detergent” (id. at col. 2, ll. 29-31).
3. Niemiec’s component b) “is a cationic conditioning agent such as a
cationic cellulose derivative; a cationic guar derivative; a homopolymer or
copolymer of [various] cationic monomer[s]” (Niemiec, col. 5, ll. 37-40),
and “[a] suitable cationic cellulose derivative is the polymeric quaternary
ammonium salt . . . known as Polyquaternium-10, commercially available as
. . . ‘Polymer JR-400’” (id. at col. 6, ll. 2-7).
4. Polyquaternium-10 (also known as Polymer JR-400) is disclosed in
the instant Specification as an example of “the at least one compound
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