Appeal No. 2004-0369 Page 2
Application No. 09/822,704
INTRODUCTION
The claims are directed to a composition containing non-spherical microparticles, a
polymer, and a carrier. According to the specification, one example of microparticles meeting
the requirements of the claims is Laponite™, a synthetic hectorite (specification, p. 5, ll. 23-26
and p. 6, ll. 17-18). Claim 1 is illustrative of the subject matter on appeal:
1. A leave-in hair cosmetic composition, comprising non-spherical microparticles
exhibiting a mean particle size of less than about 100:m in its longest dimension,
a water-soluble or water-swellable polymer and aqueous carrier, wherein the
combination of the polymer and the microparticles results in a film-forming
network.
The Examiner rejects some of the claims under 35 U.S.C. § 112, ¶ 1. All of the claims
are rejected under 35 U.S.C. § 103(a).1 As evidence of obviousness, the Examiner relies upon
the following prior art references:
Hinks WO 93/07855 Apr. 29, 1993
(International Application published under the PCT)
Allec et al. (Allec) 5, 660,839 Aug. 26, 1997
Dupuis 6,261,578B1 July 17, 2001
The specific rejections are as follows:
1. Claims 10-12, 24, and 25 stand rejected as lacking compliance with the enablement
requirement of 35 U.S.C. § 112, ¶ 1. The Examiner’s reasoning is presented in the Final
Rejection, Paper No. 9 (Answer, p. 3).
1A rejection of claim 7 under 35 U.S.C. § 112, ¶ 2 was withdrawn (Answer, p. 2).
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