Appeal No. 1998-0654
Application No. 08/522,874
900, 902, 221 USPQ 1125, 1127 (Fed. Cir. 1984). We agree with
appellants that neither of the applied references provides any
teaching or suggestion of employing dispersed water insoluble
polymer latex particles in an aqueous-based shampoo, let alone
such latex particles having the claimed glass transition
temperature. Consequently, a prima facie case of obviousness
has not been made out by the examiner.
This application is remanded to the examiner for the
purpose of considering the obviousness of the claimed
invention, within the meaning of § 103, in view of the
acknowledged prior art set forth in the paragraph bridging
pages 1 and 2 of the present specification. In particular,
appellants' specification acknowledges that "[t]o minimize the
use of these organic solvents, latex polymers rather than
dissolved polymers have been employed as a means of
incorporating styling polymers into a shampoo composition"
(page 1 of specification, lines 26-28). Also, the
specification states that "[h]istorically, styling polymers
(both latex and dissolved polymers) for use in shampoos have
been selected so as to have higher Tg values," and that "[i]t
was believed that higher Tg polymers would form stiffer films
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