Appeal No. 2004-0744 Page 7
Application No. 09/671,188
column 12, lines 9 through 17:
The stabilizing agent hereof is a shampoo soluble cationic polymer. It has
been found that very low levels of such cationic polymer can effectively aid
in suspension stability of the particulate anti-dandruff agent in the present
shampoo compositions, with substantially reduced deposition trade-offs
versus conventional suspension technologies. By ‘shampoo soluble’ what
is meant is that the cationic polymer is present in the shampoo in
solubilized form.
Therefore, the examiner argues that the combined disclosures of Cardin and
Coffindaffer would have led a person having ordinary skill in the art to an antidandruff
composition for treating the hair and scalp comprising, in a cosmetically acceptable
medium, zinc pyridinethione; insoluble polydimethylsiloxane conditioner; and a soluble
cationic polymer stabilizing agent.
Next, the examiner refers to Cardin’s disclosure of viscosity modifiers at column
12, lines 20 through 37. The examiner argues that a person having ordinary skill would
have found it obvious to use Structure® Plus, per the teachings of Cardinali, in lieu of the
viscosity modifier(s) disclosed by Cardin. The examiner argues that the Cardinali
reference, entitled “Novel Cationic Compatible Rheology Modifiers for Hard-to-Thicken
Personal Care Applications,” discloses a number of advantages for Structure® Plus in
hard-to-thicken personal care preparations; that Cardinali discloses “very high
usefulness” of Structure® Plus in ultramild, conditioning, acid formulations which are
hard to thicken; and that Structure® Plus thickens by activation with acid and surfactant,
which is highly relevant to cosmetics (Cardinali, English translation, page 14).
Emphasizing the property of cationic compatibility disclosed by Cardinali, the examiner
argues that it would have been obvious to add Structure® Plus to an antidandruff
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