Appeal No. 2002-0608 Page 5
Application No. 09/294,173
microns to about 500 microns, more preferably from about 10
microns to about 200 microns more preferably from about 15
microns to about 100 microns and most preferably from about 20
microns to about 75 microns.
Col. 11, lines 41-54.
Thus, admittedly Baravetto teaches a particle size less than 0.10 microns,
which meets the requirements of the microemulsified particles of claim 1, as
Baravetto teaches that the first non-volatile conditioning agent be most
preferably below about 0.05 microns, but greater than about 0.01 microns.
Baravetto does not, however, teach or suggest the required particle size of the
emulsified particles.
One of the requirements of claim 1 is that the aqueous shampoo
composition comprise a silicone component consisting of emulsified particles
having an average size range of from 0.15 to 30 microns. Because of the use of
the “consisting of” language, the emulsified particle component cannot contain
particles that have an average size range that falls outside of that size range.
Baravetto teaches that the second insoluble conditioning component most
preferably has a mean particle range from about 20 microns to about 75
microns, but there is no teaching or suggestion in the reference that the range be
further limited to particles that would fall within the size range required by claim
1. Thus, Baravetto does not teach or such emulsified particles of an insoluble
silicone (i.e., an insoluble conditioning agent), wherein the particles have an
average size range of from 0.15 to 30 microns.
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