Appeal No. 2004-0744 Page 6
Application No. 09/671,188
attention to Coffindaffer’s “anti-dandruff shampoos with particulate active agent and
cationic polymer.” The examiner argues that Coffindaffer, like Cardin, discloses an
antidandruff shampoo composition for treating the hair and scalp, comprising zinc
pyridinethione in a cosmetically acceptable medium. See, Coffindaffer, column 11, lines
38 through 44:
Preferred pyridinethione anti-dandruff agents are water insoluble
1-hydroxy-2-pyridinethione salts. Preferred salts are formed from heavy
metals such as zinc, tin, cadmium, magnesium, aluminum and zirconium.
The most preferred metal herein is zinc. The most preferred active is the
zinc salt of 1-hydroxy-2-pyridinethione, often referred to as zinc
pyridinethione (ZPT). (Emphasis added).
The examiner also points out that Coffindaffer, like Cardin, discloses particulate
antidandruff agents. See Coffindaffer, column 11, lines 9 through 13 (”The particulate
anti-dandruff agent [e.g. zinc pyridinethione] has a volume average particle size of from
about 0.35 microns to about 5 microns, preferably from about 0.40 microns to about 3
microns, more preferably from about 0.45 microns to about 2 microns”); and Cardin,
column 6, lines 27 through 34 (“The pyridinethione salts useful herein take the form of
water-insoluble flat platelet particles which have a mean sphericity of less than about
0.65, preferably from about 0.20 to about 0.54, and a median particle size of from about
2 µ to about 15 µ, preferably from about 5 µ to about 9 µ, the particle size being
expressed as the median equivalent diameter of a sphere of equal volume”). According
to the examiner, it would have been obvious to a person having ordinary skill in the art
to modify Cardin’s antidandruff shampoo composition, per the teachings of Coffindaffer,
by adding a stabilizing agent for the zinc pyridinethione antidandruff agent where the
stabilizing agent is a soluble cationic polymer. See Coffindaffer’s abstract; and see
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