Appeal No. 2001-2395 Page 4
Application No. 09/433,198
(d) the balance, water. Applicants' alkyl polyglycoside has the following formula:
RO-(Z)x (I)
where R is an alkyl radical containing 6 to 22 carbon atoms, Z is a mono- or
oligosaccharide, and x is a number of 1.1 to 5, or adducts thereof with 1 to 10 moles of
ethylene oxide or propylene oxide.
We agree with the examiner's finding that Müller constitutes relevant prior art.
Müller's process of treating washed hair, using aqueous hair care preparations
containing zwitterion polymerizates, is similar to the instantly claimed process. We
disagree, however, that Müller constitutes an anticipatory reference within the meaning
of 35 U.S.C. § 102(b).
Müller does not clearly and unequivocally describe a water-based composition
comprising (a) a zwitterionic polymer; (b) an alkyl polyglycoside; (c) a fatty alcohol; and
(d) the balance, water, as recited in independent claim 13. In Example 2.5, Müller
describes a hair rinse containing, inter alia, a zwitterionic polymer, fatty alcohol, and
water but no alkyl polyglycoside. By the same token, in Example 2.8, Müller describes
a hair shampoo containing a zwitterionic polymer, alkyl glucoside APG-600, and water
but no fatty alcohol. We have also reviewed the broader passages in Müller's text, but
do not find a description of applicants' water-based compositions. For example, Müller
discloses aqueous preparations for cleaning and care of hair containing zwitterionic
polymers and "all aids or additives that are customary for the particular purpose"
(page 12, lines 9 and 10). Elaborating on "aids or additives . . . customary for the
particular purpose," Müller describes, e.g., hair rinses containing a zwitterionic polymer;
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