Appeal No. 94-4329
Application 08/040,346
sulphate, an alkylene glycol such as for example propylene glycol, an
alkaline salt of EDTA such as for example the disodium salt of EDTA,
formaldehyde and a 2-halo-2-nitropropane-1,3-diol such as for example 2-
bromo-2-nitropropane-1,3-diol. Suitable soaps are the alkali metal salts,
alkaline earth metal salts or unsubstituted ammonium salts of one of the
active ingredients such as for example capric acid, undecanoic acid,
undecenoic acid or trans chrysanthemic acid either individually or a
mixture with one of the higher fatty acids such as the sodium or potassium
salt of oleic or stearic acid or of fatty acid mixtures which can be obtained
e.g., from coconut oil or tallow oil.
Thus, Crammer distinguishes between “shampoos” and “soaps” in that shampoos
include the C -C fatty acid in acid form while soaps contain the C -C fatty acid in salt8 12 8 12
form.
The examiner states in the paragraph bridging pages 3-4 of the Examiner’s
Answer (Paper No. 12, July 11, 1994) that Crammer “discloses shampoo formulations
including fatty acid (carboxylic acid) salts such as alkali metal salts or unsubstituted
ammonium salts . . . .” This is an erroneous finding of fact. The shampoos of Crammer
include C -C fatty acids, not salts. Thus, it matters not that the examiner has
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identified portions of Steen describing “shampoos” which can contain bicarbonates and
carbonates because any combination of Crammer and Steen on the basis of
formulating a “shampoo” would necessarily include a C -C fatty acid, per the
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disclosure of Crammer, not the C -C fatty acid salt required by the claims on appeal.
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The examiner has not presented a fact-based explanation as to why one of ordinary
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Last modified: November 3, 2007