Appeal No. 2003-0845 Page 7
Application No. 09/689,818
spray compositions with ethanol concentrations of 0, 20 and 50
weight percent (examples 39 to 41) and a copolymer concentration
of 4 weight percent.
Hatfield, page 10, lines 30-35. Examples 43-46 also do not teach a
concentration of copolymer greater than 4% by weight.
Given the fact that Dubeif does not teach a copolymer concentration of
copolymer greater than 2% in a cosmetic composition that also contains an
insoluble silicone, and that Hatfield, although teaching that the concentration of
copolymer may be up to 25%, does not provide examples having a concentration
of copolymer over 4% by weight, one of ordinary skill in the art, when considering
the combined teachings as a whole, would not have been motivated to go to the
higher concentration ranges of copolymer, such as 10 or 15% by weight
suggested, but not exemplified by Hatfield. The Yahagi reference is relied upon
for showing the general state of the art, teaching that the employment of polymer
particles in the form of aqueous dispersion with insoluble silicone is well known.
Thus, Yahagi does not remedy the deficiencies of Dubeif and Hatfield.
CONCLUSION
Because the examiner has failed to set forth a prima facie rejection of
obviousness, the rejection is reversed.
REVERSED
Donald E. Adams )
Administrative Patent Judge )
)
) BOARD OF PATENT
Demetra J. Mills )
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