Appeal No. 2004-2081 Page 4
Application No. 09/799,601
(B) and (A), respectively) to the instant specification’s page 5, lines 8-18. Grollier also
teaches that “[t]hese lotions are in general in the form of a thickened liquid, a gel or a
cream and may contain another thickener . . . such as guar gum or derivatives thereof.”
Col. 14, lines 5-9.
Grollier provides numerous examples of the disclosed compositions. The first
eighteen exemplary compositions are shown in columns 13-16. The compositions in
Examples 2, 9, 11, 15 and 16 contain the anionic polymer Gantrez ES 425; those in
Examples 12 and 17 contain the nonionic guar gum Jaguar HP 60. The Gantrez ES
425-containing compositions of Examples 2 and 9 contained no guar gum, that of
Example 11 contained an anionic guar gum (Jaguar CM HP; see Grollier, col. 21, lines
35-37), and those of Examples 15 and 16 contained a cationic guar gum (Guar gum 10
W; see Grollier, col. 21, lines 26-27). Each of the Gantrez ES 425-containing
compositions contained less than 4% surface active agent.1
Grollier discloses that the compositions of Examples 2-28 “are applied to hair and
left in contact therewith for a few minutes. . . . Rinsing is then carried out.” Col. 15,
lines 45-48. “In the various cases, the hair untangles easily and, after drying, has
bounce and body.” Col. 15, lines 49-50. Thus, Grollier teaches that all of the working
examples – whether they contain anionic guar gum, cationic guar gum, nonionic guar
gum, or no guar gum at all – result in compositions with hair-conditioning properties.
We agree with the examiner that those skilled in the art would have understood
from this disclosure that the various types of guar gums were equivalents for the
1 Examples 15 and 16, e.g., contained 0.4 g of Ammonyx 4002, which corresponds to 0.4% by weight
since the compositions contained a total of 100 g of ingredients, including water. See col. 14, lines 21-38.
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