Appeal No. 1996-0454
Application No. 08/195,374
ingredients and pH values in order “to obtain enhanced shelf
stability.” We cannot agree.
The Wella reference contains no disclosure concerning
“enhanced shelf stability.” It follows that Wella would not
have suggested somehow modifying his compositions in the
manner proposed by the examiner in order to obtain “enhanced
shelf stability.” Further, we find no teaching or suggestion
and the examiner points to none in either Yoshioka or Kolc
regarding the feature of “enhanced shelf stability.” 3
Instead, it is only the appellants’ own disclosure which
teaches enhancing the stability of a permanent waving
composition by separating it into first and second
compositions of the type here claimed (e.g., see the abstract
and the last sentence on page 2 of the subject specification).
Under these circumstances, it is clear that the
examiner’s rejection is based upon impermissible hindsight
derived from the appellants’ own disclosure rather than some
3These secondary references are relied upon by the
examiner for their teachings concerning amino acids and the
salts thereof in permanent waving compositions.
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