Appeal No. 2003-0947 Page 2
Application No. 09/854,372
Guerrero et al. (Guerrero) 5,236,710 Aug. 17, 1993
Mohammadi 6,264,964 Jul. 24, 2001
Claims 1 through 6 stand rejected under 35 U.S.C. § 103 as unpatentable over
Guerrero and Mohammadi. We reverse the examiner’s rejection of the claims.
DELIBERATIONS
Our deliberations in this matter have included evaluation and review of the
following materials: (1) the instant specification, including the claims on appeal; (2)
appellants’ Brief (paper No. 8); (3) the examiner’s Answer (paper No. 9), and the non-
final office action referred to in the Answer for the statement of the rejection (paper no.
2); and (4) the references relied on by the examiner.
DISCUSSION
Claim 1 is directed to a cosmetic cream cleanser, with a viscosity ranging from
about 20,000 to about 500,000 cp., comprising about 0.1 to about 20% by weight of a
silicate; about 0.001 to about 2% by weight of a crosslinked carboxyvinyl polymer other
than a long chain C10-C30 alkyl acrylate or methacrylate containing polymer; about 0.01
to about 40% by weight of a silicone copolyol sulfosuccinate; and a cosmetically
acceptable carrier. According to the specification, “[t]he term ‘cream’ requires both
opacity and a certain thickness” (page 1); the crosslinked carboxyvinyl polymers of the
invention include “acrylic acid/ethyl acrylate copolymers and [ ] carboxyvinyl polymers
sold under the Carbopol® trademark” (page 4); and “[l]ong chain fatty group substituted
polymeric ester[s] of acrylic or methacrylic acid such as Pemulen® with [the] CTFA
name of acrylates/C10-30 alkyl acrylate crosspolymer are outside the scope of the
invention” (id.).
Guerrero describes a cosmetic composition comprising about 0.1 to about 30%
by weight of an emulsifying copolymer, “[a] critical component,” “formed from a
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