Appeal No. 2006-3254
Application No. 10/347,982
(Specification 6.) These ranges are encompassed by or substantially overlap
with the ranges described in Jokura. Therefore, we conclude that the
Examiner has set forth a prima facie case that it would have been obvious to
vary the pH of the composition within the range described in Jokura and that
such variation would result in compositions having a molar ratio of half to
fully neutralized acid of from about 1000:1 to about 1:1000.
Jokura also does not appear to specifically describe a mono-hydroxy
substituted amine salt. However, Jokura does state that “[e]xamples of the
dicarboxylic acid salt include . . . alkanolamine (for example,
triethanolamine) salts . . . and ammonium salts.” (Col. 3, ll. 40-45.)
In addition, Günter describes quaternary ammonium salts including a
hydroxy ethylene group. (Col. 1, ll. 35-53.) Günter describes forming the
quaternary ammonium salts “by quaternising tertiary amines in an aqueous
medium in the presence of acid with ethylene oxide.” (Col. 1, ll. 38-40.)
Günter states that the acid can be “organic acids, for example low molecular
weight mono-, di- or tri-carboxylic acids having, for example 1 to 6 . . .
carbon atoms, such as . . . oxalic acid, [which is a dicarboxylic acid]. . . .
Accordingly, [the anion of the salt] is, for example, . . . oxalate.” (Col. 2,
ll. 15-26.) Günter also states that these compounds are “suitable . . . for use
in hair cosmetics.” (Col. 3, ll. 3-5.) We conclude that one of ordinary skill
in the art would have been motivated to use the quaternary ammonium
compounds described in Günter as the cation of the dicarboxylic acid salt
described in Jokura.
Appellants argue that Jokura “discloses the unneutralized acid
(component B) and the partially neutralized acid (component C). The free
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