Appeal No. 1997-4101
Application 08/425,802
Claims 1 through 3, 6 through 16 and 24 through 33 stand rejected under
35 U.S.C. § 103. As evidence of obviousness, the examiner relies upon Bolich, Czeh and
Deshpande. We affirm the rejection of claims 1 through 3, 6 through 16, 24 through 27 and
30 through 33. We reverse the rejection of claims 28 and 29.
DISCUSSION
Appellants have argued the claims on appeal in four groups, i.e., claims
1 through 3, 6 through 16, 24 and 25; claims 30 through 33; claims 26 and 27; and claims
28 and 29.
1. Claims 1 through 3, 6 through 16, 24 and 25
Claim 1 is representative of this group and is directed to a method for the
temporary shaping of keratin fibers. The method comprises formulating a cosmetic
composition which contains a shaping or shape retaining agent consisting of at least one
anionic or nonionic guar gum. The claim further requires that the cosmetic composition is
applied to keratin fibers.
As can be seen, claim 1 requires two positive manipulative steps, i.e., formulating a
specified cosmetic composition and applying the cosmetic composition
to keratin fibers, e.g., hair. The purpose for performing this method is for the temporary
shaping of keratin fibers. Bolich describes formulating a cosmetic composition which
contains at least one anionic or nonanionic guar gum and applying that cosmetic
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