Appeal No. 2004-2322 Page 2
Application No. 09/385,412
an organic solvent, wherein the weight ratio of the propellant to the organic
solvent is greater than or equal to 1.5:1; and
(ii) the device is suitable for giving an initial flow rate of aerosol
composition of less than or equal to 0.75 gram per second,
wherein said at least one polycondensate is formed by an arrangement of blocks,
this arrangement being obtained from:
(1) at least one compound which contains at least two active hydrogen atoms per
molecule;
(2) at least one diol containing at least one functional group chosen from acid
radicals and salts thereof; and
(3) at least one isocyanate chosen from di-and polyisocyanates.
The examiner relies on the following references:
Mougin et al. (Mougin) 5,643,581 Jul. 01, 1997
Dunne et al. (Dunne) 5,125,546 Jun. 30, 1992
Claims 1-29 stand rejected under 35 U.S.C. § 103 as obvious in view of Mougin
and Dunne.
We affirm.
Background
“Hair products for shaping and/or maintaining the hairstyle which are the most
common on the cosmetics market are spray compositions comprising a solution . . . and
one or more materials, generally polymer resins (also known as fixing materials), the
function of which is to form welds between the hairs. . . . The solution can be packaged,
for example, in a suitable aerosol container placed under pressure using a propellant.
The construction and operation of such aerosol containers is well known to those skilled
in the art.” Specification, page 1.
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