Appeal 2007-1156
Application 10/459,070
Ha is cited by the Examiner for teaching topical cosmetic
compositions comprising emulsions having a structuring agent (Answer 10).
Ha is also cited for teaching that suitable structuring agents include fatty
alcohols and fatty acids (Id., citing Ha, col. 29, l. 10-col. 30, l. 9) Thus, Ha,
according to the Examiner, teaches components 1 and 3 of the claimed
anionic surfactant-co-surfactant system (Answer 10-11). With respect to
component 4, the Examiner cites Ha for teaching that the cosmetic
composition can comprise an emulsifier and/or surfactant to help disperse
and suspend a discontinuous phase within a continuous phase, wherein a
suitable emulsifier is PEG-100 stearate (id. at 11). The Examiner also points
to Examples 8 and 9 of Ha (Ha, col. 41), which exemplify a composition
having stearic alcohol (component 3), cetyl alcohol (component 3), stearic
acid (component 1), and PEG-100 stearate (component 4) (Answer 11).
According to the Examiner, Ha, as combined with Trinh and Franklin, does
not teach “the structurant comprising the salt of the fatty acid, or the ratio of
fatty acid to fatty acid salt” as required by claim 1 (Answer 13).
The Examiner relies on Motley for teaching a cosmetic composition
comprising an antiperspirant cream which includes a gellant (structurant)
(Answer 13). Motley is also cited for teaching that the gellant may include
fatty acids and salts thereof (citing Motley, col. 14, ll. 9-25), and that an
example of a suitable fatty acid gellant in Motley is stearic acid (Answer
13).
The Examiner concludes:
Accordingly, it is considered that one of ordinary skill in
the art at the time the invention was made would have found it
obvious to provide gellant structurant as taught by Motley [ ] in
the composition of Trinh [ ], Franklin [ ] and Ha [ ], because
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