Appeal No. 2003-0635
Application No. 09/196,818
In the rejection of the appealed claims, the examiner relies
upon the following references:
Murray (Murray '363) 6,194,363 Feb. 27, 2001
Murray (Murray '361) 6,277,361 Aug. 21, 2001
Houiellebecq et al. 2,173,515 Oct. 15, 1986
(Houiellebecq)
(United Kingdom Patent Application)
Appellants' claimed invention is directed to a hair
treatment composition comprising water, an amino functionalized
silicone, and emulsified particles of insoluble, hydroxyl
functionalized silicone. According to appellants, "it has been
found that superior conditioning over dimethicone-based systems
can be obtained by utilizing emulsified hydroxyl functional
silicone in combination with amino functionalized silicone"
(page 9 of Brief, last paragraph).
Appealed claims 1-21 stand rejected under 35 U.S.C. § 102(b)
as anticipated by or, in the alternative, under 35 U.S.C. § 103
as being unpatentable over Houiellebecq. Claims 1-15 and 19-21
stand rejected under the judicially created doctrine of
obviousness-type double patenting as being unpatentable over
claims 1-10 of U.S. Patent No. 6,194,363. Also, claims 1-8,
12-15, 20 and 21 stand rejected under the judicially created
doctrine of obviousness-type double patenting over claim 1 of
U.S. Patent No. 6,277,361.
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