Appeal No. 2003-0947 Page 3
Application No. 09/854,372
carboxylic monomer . . . and a long chain acrylate ester;” about 0.01 to about 30% by
weight of an anionic sulfosuccinate, for example, a silicone copolyol sulfosuccinate; and
a cosmetically acceptable carrier (column 2, lines 15-32; column 3, lines 49-65; column
4, lines 26-31). The examiner concedes that Guerrero’s emulsifying copolymer, an
“acrylates/C10-C30 alkyl acrylate crosspolymer” “available . . . under the trademark
Pemulen Tr-2200,” is the type of crosslinked carboxyvinyl polymer that is specifically
excluded from claim 1 (column 3, lines 41-45).
In addition, Guerrero’s composition “may be in liquid, powder, stick or other
form,” but Guerrero explains that “it is especially desirable to utilize a gel state” and that
“in fact, [the] compositions . . . are intended to be clear gels” (column 5, lines 6-9).
Magnesium aluminum silicate is listed among a large number of optional vehicles and
additives, but no amounts are specified (column 5, lines 1-2). Nevertheless, the
examiner maintains that “one skilled in the art would have known how to make an
opaque composition by optimizing the amount of powder such as the silicate” (paper
no. 2, page 3).
Mohammadi describes a foaming cosmetic product “having a nice silky skinfeel”
comprising a crosslinked carboxyvinyl polymer, a crosslinked non-emulsifying siloxane
elastomer, and a volatile polyorganosiloxane. Column 1, lines 57-68 and column 7, line
15. Suitable crosslinked carboxyvinyl polymers “include Carbopol 934, Carbopol 940,
Carbopol 980, Carbopol 1382, Carbopol 1342 and Pemulen TR-1" (column 3, lines 2-
4).
According to the examiner, “[i]t would have been obvious to one of ordinary skill
in the art . . . to have modified the composition of Guerrero [ ] by substituting the
crosslinked carboxyvinyl polymers of Mohammadi for the copolymer of Guerrero [ ]
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