Ex Parte Samain et al - Page 3


              Appeal No. 2004-2081                                                                  Page 3                 
              Application No. 09/799,601                                                                                   

              surfactants.”  Page 3, line 27 to page 4, line 3.  The compositions contain a nonionic                       
              guar gum and a non-crosslinked anionic polymer chosen from one of several specified                          
              types.  See page 2, line 19 to page 3, line 22.  Nonionic guar gums useful in the                            
              disclosed compositions include the modified guar gum sold under the trade name                               
              Jaguar HP60.  Page 4, lines 26-28.  A preferred polymer for use in the claimed                               
              invention is the product sold under the name Gantrez ES 425.  Page 6, line 27 to page                        
              7, line 7.                                                                                                   
                                                       Discussion                                                          
                     The claims stand or fall together.  Appeal Brief, page 4.  We will consider claim 1                   
              as representative.  Claim 1 is directed to a non-washing composition comprising a non-                       
              crosslinked anionic copolymer (e.g., Gantrez ES 425) and a nonionic guar gum (e.g.,                          
              Jaguar HP60).                                                                                                
                     The examiner rejected the claims as obvious in view of Grollier, on the basis that                    
              Grollier discloses compositions containing a nonionic guar gum and anionic polymers                          
              and it would have been obvious to those skilled in the art to manipulate the particular                      
              ingredients in the exemplified compositions.  Examiner’s Answer, page 3.  The                                
              examiner pointed specifically to Examples 15-17, 22, and 24 in Grollier.                                     
                     We agree with the examiner that the instantly claimed compositions would have                         
              been obvious in view of Grollier to a person of ordinary skill in the art.  Grollier discloses               
              hair conditioning compositions that contain xanthan gum, an anionic polymer, and a                           
              cationic polymer.  Col. 1, lines 5-10.  “The preferred anionic polymers used according to                    
              [Grollier’s] invention” (col. 8, lines 56-57) include the polymers recited in groups (A) and                 
              (B) of Appellants’ claim 1.  Compare Grollier’s column 9, lines 1-8 and 26-42 (Groups                        





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