Appeal No. 2001-2395 Page 3
Application No. 09/433,198
The Rejections
Claims 13 through 19 stand rejected under 35 U.S.C. § 102(b) as described by
Müller.
Claims 13 through 19 further stand rejected under 35 U.S.C. § 103(a) as
unpatentable over Müller.
Deliberations
Our deliberations in this matter have included evaluation and review of the
following materials: (1) the instant specification, including claims 13 through 19 on
appeal; (2) applicants' Appeal Brief (Paper No. 13) and the Reply Brief (Paper No. 15);
(3) the Examiner's Answer (Paper No. 14); (4) the Hensen declaration, filed under the
provisions of 37 CFR § 1.132, executed May 26, 2000; and (5) the above-cited Müller
reference.
On consideration of the record, including the above-listed materials, we reverse
the examiner's prior art rejections.
35 U.S.C. § 102(b)
Independent claim 13 recites a process of treating washed hair, to provide said
hair with improved combability, by contacting said hair with a water-based composition
comprising (a) from 0.1 to 3% by weight of a zwitterionic polymer; (b) from 0.01 to 10%
by weight of an alkyl polyglycoside; (c) from 0.5 to 20% by weight of a fatty alcohol; and
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