Appeal No. 1996-0454
Application No. 08/195,374
appealed claims are separated into a first composition and a
second composition respectively. Similarly, while the
appellants’ claimed first composition includes a thioglycolic
acid or salt thereof in admixture with an amino acid
hydrochloride, the only amino acid compound disclosed by Wella
is in his component two composition rather than in admixture
with the thioglycolate of his component one composition.
Further, the pH values of Wella’s respective compositions do
not correspond to the pH values of the first and second
compositions of the appealed claims.
Although the examiner seems to appreciate the above
mentioned distinctions, she nevertheless concludes that “one
skilled in the art would be motivated to separate the
components [of Wella] into pH compatible packages to obtain
enhanced shelf stability” (Answer, page “3” [sic, page 4]).
Thus, it seems to be the examiner’s position that an artisan
with ordinary skill would have recombined the ingredients of
Wella’s component one composition and component two
composition in such a manner as to result in a first
composition and a second composition having the here claimed
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