Appeal No. 2002-0608 Page 2
Application No. 09/294,173
iii) a silicone component consisting of a blend of:
(a) emulsified particles of an insoluble silicone, in which the
emulsified particles of insoluble silicone are incorporated into
the shampoo composition as a preformed aqueous emulsion
having an average silicone particle size in the emulsion and in
the shampoo composition of from 0.15 to 30 microns, and
(b) microemulsified particles of an insoluble silicone, in which the
microemulsified particles of insoluble silicone are incorporated
into the shampoo composition as a preformed aqueous
microemulsion having an average silicone particle size in the
microemulsion and in the shampoo composition of less than
0.10 microns.
The examiner relies upon the following references:
Reid et al. (Reid) 5,085,857 Feb. 4, 1992
Baravetto et al. (Baravetto) 5,980,877 Nov. 9, 1999
Claims 1-16 stand rejected under 35 U.S.C. § 103(a) as being obvious
over Reid and/or Baravetto. After careful review of the record and consideration
of the issue before us, we reverse.
DISCUSSION
According to the rejection, Reid teaches an aqueous shampoo
composition having a cleansing surfactant, a cationic deposition polymer and
emulsified insoluble silicone particles having an average particle range of less
than 2 microns. See Examiner’s Answer, page 3. Baravetto, according to the
rejection, teaches an aqueous shampoo composition containing a cleansing
1 Claims 1-17 are pending, and were rejected finally in Paper No. 11. In the
Examiner’s Answer, however, the examiner indicates that claim 17 now stands
as allowed, and thus claim 17 is not subject to this appeal.
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