Appeal No. 2002-0526
Application No. 09/141,515
evidence.
2. Claims 1-22 and 24-38 stand rejected under 35 U.S.C. ' 103 as obvious over
Clarke in combination with Ramin. We vacate this rejection and remand
the application to the examiner for further consideration.
Upon our review of the record, it would appear that Clarke
describes the use of ethyl galactomannan as a A<fixative' for an
active agent or other ingredient in a hair or skin car
product...@ and that this property greatly enhances the
performance of water-proof or water-resistant products. Clarke,
page 1. In our view, the disclosure of Clarke alone does not
provide the requisite motivation for combination with the
composition of Ramin.
Consistent with the above, however, we do believe that
Commander would have supported and provided an appropriate
reason, suggestion or motivation for one of ordinary skill in the
art to substitute the rheological agent of Commander for the
rheological agent in the composition of Ramin. The application
is remanded to the examiner for reconsideration of the issue of
obviousness of claims 1-22 and 24-38 in view of our discussion
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