Appeal No. 95-3562
Application No. 08/110,996
The appealed claims stand rejected for obviousness
(35 U.S.C. § 103) over Arraudeau.
We cannot sustain the rejection.
The relied upon reference by the examiner, Arraudeau,
discloses mascaras of anhydrous, suspension and emulsion
types. See page 6, lines 12 through 16 of the reference. The
examiner has focused on working example 1 of this reference as
evidence suggesting the claimed composition herein. Although
this example describes a composition substantially
corresponding to that claimed by appellants, the water soluble
film forming agent in this example (a hydrolyzed keratin) is
provided in the form of a solution containing, inter alia,
propylene glycol. See the last paragraph of page 11 of
Arraudeau. Appellants argue that the propylene glycol
included in Arraudeau’s keratin hydrolysate is an emulsifying
agent and appellants have provided Hawley’s Condensed Chemical
Dictionary as evidence that propylene glycol is a known
emulsifier.
On the other hand, the examiner contends that the
propylene glycol component used in Arraudeau’s examples
functions as a cosolvent or a humectant. To support the
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