Appeal No. 1997-2750
Application 08/191,734
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personal care applications. According to information provided in this brochure, under the
heading “KEY HIGHLIGHTS OF SALCARE SC92,” using this product provides a number
of benefits associated with liquid dispersed polymer technology, for example, ease of
finished product manufacture; finished product
versatility; cold mixing process; compatible with other cationics and nonionics; low use
level for many applications; and attractive price. Again, in describing a cosmetic
“cream/gel” base formed with SALCARE SC92, the brochure lists a number of
advantageous performance characteristics, for example, the “cream/gel” base spreads
easily; possesses “elegant” residual skin feel; conditions and moisturizes; and is non-oily
and non-sticky.
We are persuaded that a person having ordinary skill in the art, armed with the
disclosure of the SALCARE SC92 brochure, would have found it obvious to use a suitable
quantity of SALCARE SC92 as the gelling or thickening agent in the topical
pharmaceutical composition of Kligman. By thus modifying the composition of Kligman,
per the teachings of the “secondary” reference, a person having ordinary skill in the art
1As made clear in the instant specification, page 16, lines 5 through 11,
Polyquaternium 32, also referred to as SALCARE SC92, is a cationic polymer useful
in applicants' invention. SALCARE SC92 was commercially available at the time
applicants' invention was made. Also see Exhibit 1 attached to the Appeal Brief,
illustrating the formula of Polyquaternium 32 or SALCARE SC92.
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