Appeal No. 2004-2205 Page 5
Application No. 09/766,403
care compositions for the enhanced rheological and conditioning benefits.” Id., page 4.
The examiner concluded that “[i]t would have been obvious to one of ordinary skill in the
art at the time of the invention to add a nonionic block polymer as taught by [Casperson]
to the nanoemulsion of [Cervantes] with a reasonable expectation of obtaining
enhanced rheological and hair conditioning benefits.” Id.
We agree with the examiner that the cited references would have made obvious
a nanoemulsion composition within the scope of claim 1. To summarize, Cervantes
teaches an oil-in-water nanoemulsion meeting all of the limitations of instant claim 1
except for the inclusion of a nonionic polymer. See, e.g., column 1, lines 52-62. Such
nanoemulsions are disclosed to be useful in, among other things, hair conditioners.
See column 13, lines 6-13, and the working examples. Cervantes suggests that the
disclosed nanoemulsions “may contain water-soluble or fat-soluble active agents having
a cosmetic or dermopharmaceutical activity”; e.g., thickeners. See column 12, lines 15-
17, 32, and 34-43.
Casperson teaches a “two-part hair dye composition . . . that is mixed
immediately before or at the time of application to the hair to form the final oxidative hair
dye composition.” Page 4, lines 11-13. “After mixing, . . . the rheology of the resultant
mixture is such that it is easily applied to hair, sets up rapidly and does not run or drip.”
Page 4, lines 20-23. The disclosed composition “comprises a polyether polyurethane,
preferably a nonionic polyether polyurethane.” Page 4, lines 24-25. “[T]he polyether
polyurethane polymers utilized in the compositions . . . enhance the conditioning effects
and thickening properties of the resultant hair dye composition so as to provide superior
rheological and conditioning benefits to the user.” Pages 4-5. “A preferred polyether
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