Appeal No. 2004-0378
Application No. 09/765,675
at least one hydrophilic block.” The specification states that amphiphilic lipids are also
known as surfactants, emulsifiers, or surface agents (page 2) and that a wide variety of
such compounds can be used in the claimed composition (see pages 8-33). The
specification also states that cationic polymers having the recited properties include “the
products Quatrisoft LM 200 . . . sold by the company Amerchol and the products
Crodacel QM, Crodacel QL (C12 alkyl) , and Crodacel QS (C18 alkyl) sold by the
company Croda.” Page 7.
Claim 20 depends on claim 1 via claim 17 and adds the limitation that the
amphiphilic lipid in the claimed composition is either nonionic (see claim 17) or is
chosen from one of several listed anionic lipids.
Claim 23 depends on claim 1 and adds the limitation that the composition
comprises an additional amphiphilic lipid, which is either cationic or one of several listed
anionic lipids.
Claim 64 depends on claim 1 and adds the limitation that the composition also
comprises aminosilicone.
Claim 78 is independent and is similar to claim 1 except that it requires the
polymer in the claimed composition to be nonionic rather than cationic.
The examiner rejected all of the claims as obvious over Restle and Ziegler, by
themselves or combined with additional references.
1. Claims 1-19, 21, 22, 30-62, 68-77, and 83
The examiner rejected claims 1-19, 21, 22, 30-62, 68-77, and 83 (together with
claims 78-82, which are separately considered below) as obvious in view of Restle and
Ziegler. The examiner characterized Restle as teaching a composition meeting all of
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