Appeal 2007-0284
Application 10/454,564
STATEMENT OF THE CASE
The field of Appellants’ invention is conditioning shampoo
compositions (Specification 1). The claimed subject matter is reflected in
representative claim 12, reproduced below:1
12. A conditioning shampoo composition comprising:
a) a detersive surfactant;
b) an aminosilicone having less than 0.5% nitrogen by weight of the
aminosilicone;
c) a non-amino-functionalized silicone having a viscosity of at least 10,000
cs and
d) an aqueous carrier,
wherein the aminosilicone and non-amino functionalized silicone are in the
form of emulsion drops containing a blend of the aminosilicone and non-
amino-functionalized silicone.
ISSUE ON APPEAL
Appellants contend:
There is no teaching or suggestion in Murray to blend the
pre-formed emulsion of amino-functionalized silicone with
the separate pre-formed emulsion of non-amino-
functionalized silicone before they are added to the shampoo
composition. As a result, the shampoo compositions of
Murray only contain emulsion drops of amino-functionalized
silicone and separate emulsion drops of non-amino-
functionalized silicone. . . . Thus, the compositions of
Murray are structurally different from the claimed
conditioning shampoo.
(Br. 5.)
1 The claims are not separately argued. Thus we determine the patentability
of the remaining claims based on our review of claim 12.
2
Page: Previous 1 2 3 4 5 6 7 Next
Last modified: September 9, 2013