Appeal No. 1996-2732
Application 08/241,524
to support this assertion, we reverse.
II.
Turning to the rejection under 35 U.S.C. § 103, we find that the examiner has based
his conclusion of obviousness on the teachings of Su, Falk and Aronson.
Su discloses a shaving cream gel comprising water, a water-soluble soap and
hydrocarbon foaming agent. Su, col. 6, line 38- col. 7, line 24.
Falk discloses fluorosurfactant compositions which are said to “improve or impart
properties such as wetting, penetration, spreading, leveling, foam stability, flow properties,
emulsification, dispersion and oil and water repellency.” Falk, col. 4,
lines 2-7. According to Falk, these properties commend themselves for use in numerous
products including, inter alia, household products such as shaving foams. Id., col. 6, line
54.
Aronson discloses a method of improving the stability of high-internal-phase
emulsions (HIPE’s) by incorporating an electrolyte into the aqueous phase of said
emulsion. Aronson, col. 8, lines 27-34.
According to the examiner “Aronson provides the hydrogenated polyisobutene for
topical application (Examples 10-12). Thus, one of ordinary skill in the cosmetic arts would
find it obvious to formulate a Su self foaming gel, with the added benefits enhanced foam
stability (Falk) and lubricant (Aronson).” Answer, p. 3.
We disagree.
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