Appeal No. 2003-1428 Page 3
Application No. 09/468,777
DISCUSSION
The claims stand rejected under 35 U.S.C. § 103(a) over Nakamura,
Dubief or Pillai as combined with Vanlerberghe or Young.
According to the rejection, “Nakamura [ ] teach[es] cosmetic compositions
comprising 0.05-30% of an amphiphatic [sic] lipid, 0.05-30% of a nonionic
surfactant, 1-50% of an ionic surfactant, and 40-99% of an aqueous medium, in
which the amphiphatic [sic] lipids are stably microdispersed.” Examiner’s
Answer, page 3.
Dubief is cited for teaching “cationic dispersions based on ceramides
and/or glycoceramides,” wherein the ceramides and surfactants comprise 0.05-
15% of the composition. Examiner’s Answer, pages 4-5.
Pillai is cited by the rejection for teaching cosmetic compositions, wherein
“[a]mphipathic lipids . . . are disclosed as comprising 0.0001-50% of the
composition and surfactants are disclosed as comprising 0.5-30% of the
compositions. . . . Dispersants are disclosed as cosmetic vehicles and water is
exemplified as an aqueous vehicle.” Examiner’s Answer, pages 5-6.
The examiner acknowledges that Nakamura, Dubief and Pillai fail to teach
the average particle size of the amphipathic lipid. See Examiner’s Answer,
pages 3-6.
With respect to the combination over Nakamura, the rejection concludes:
It would have been obvious to one of ordinary skill in the art
at the time the invention was made to incorporate the teachings of
Vanlerberghe or Young into the invention of Nakamura and obtain a
dispersion comprising amphipathic [sic] lipid, surfactant, and an
aqueous medium, wherein the lipid has an average particle size of
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