Appeal No. 94-1495
Application 07/972,342
segment -(C H O) -(C H O) - has a molecular weight in the range of
24 p 36 s
250 to 5,000; the oxyalkylene segment having fifty to one hundred
mole percent of oxyethylene units -(C H O) - and zero to fifty
2 4 p
mole percent of oxypropylene units -(C H O) -.
3 6 s
The reference relied upon by the examiner is:
Ansher-Jackson et al. 5,100,657 Mar. 31, 1992
(Ansher-Jackson)
We specifically make of record the Noll reference, a
reference attached to the appellants' brief and relied upon by
the examiner in her rationale but not part of the statement of
rejection.
Noll, “Chemistry and Technology of Silicones,” pp. 373-376 (1968)
Claims 1-6 stand rejected under 35 U.S.C. § 103 as
unpatentable over Ansher-Jackson. We reverse.
Opinion
Claim 1 is in Jepson format and recites a hair care
composition containing an organic anionic surfactant and an
organosilicon-containing additive. The preamble of the claim is
impliedly prior art. In re Fout, 675 F.2d 297, 299-300, 213 USPQ
532, 535 (CCPA 1982); In re Ehrreich, 590 F.2d 902, 909, 200 USPQ
504, 510 (CCPA 1979). Appellants' invention is directed to an
improvement wherein the organosilicon-containing additive
comprises a mixture of two organosilicon conditioning additives
described in claim 1 by certain specific formulae. The first
4
Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: November 3, 2007