Appeal No. 95-3608
Application 07/960,420
suggest the desirability of their claimed composition.
According to appellants, a shower gel and hair shampoo,
meeting the terms of independent claims 1 and 10, possesses
the following combination of desirable properties: (1)
relatively low total surfactant concentration; (2) relatively
high viscosity; and (3)relatively little eye or skin
irritation.
For these reasons, we find that (1) the examiner's
rejection is predicated on the impermissible use of hindsight;
and (2) the examiner has not established a prima facie case of
obviousness of the appealed claims. We therefore find it
unnecessary to discuss the Baust Declaration executed March
15, 1994, or the Baust Declaration executed March 14, 1995,
relied on by appellants to rebut any such prima facie case.
The examiner's decision is reversed.
Reversed
SHERMAN D. WINTERS )
Administrative Patent Judge )
)
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