Appeal No. 2003-1428 Page 4
Application No. 09/468,777
0.5 to 150um [sic] because a) Nakamura teaches his dispersion as
a microdispersion, wherein the definition of micro is 1.a. Small:
microcircuit. b. Abnormally small: microcephaly c. Requiring or
involving microscopy: microsurgery. 2. One-millionth (10-6):
microampere.; b) Nakamura teaches his amphipathic [sic] lipids as
ceramides, higher alcohols, glycolipids, and cholesterols, all of
which can be characterized as waxes; c) Young and Vanlerberghe
teach aqueous dispersions comprising waxes, such as ceramides,
wherein the waxes have a particle size of between 0.1 and 200
microns; d) all three references teach compositions comprising wax
constituents, surfactant and aqueous medium; e) all three
references teach cosmetic embodiments of their compositions.
Examiner’s Answer, page 4 (footnote citing The American HeritageŽ Dictionary
of the English Language, Houghton Mifflin Company, Electronic Version (1992)
omitted).
With respect to the rejections over Dubief and Pillai, the examiner
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 Dubief [ ] [Pillai]and
obtain a dispersion comprising amphipathic [sic] lipid, surfactant,
and an aqueous medium, wherein the lipid has an average particle
size of 0.5-150um [sic] because a) Dubief [Pillai] teaches
compositions comprising ceramides [25-OH-D3 and ceramides],
which can be characterized as a wax; b) Young and Vanlerberghe
teach aqueous dispersions comprising waxes, such as ceramides,
wherein the waxes have a particle size between 0.1 and 200
microns; c) all three references teach compositions comprising wax
constituents, surfactant and aqueous medium, and Dubief and
Young both teach cationic surfactants; d) all three references teach
cosmetic embodiments of their compositions; e) all three references
specifically teach hair compositions as cosmetic embodiments.
Examiner’s Answer, pages 5-6.
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