Ex Parte Mettrie et al - Page 2



         Appeal No. 2005-0241                                                       
         Application No. 09/904,831                                                 

              at least one oxidation dye precursor, and                             
              at least one nonionic amphiphilic polymer comprising                  
         at least one fatty chain and at least one hydrophilic unit,                
         said at least one nonionic amphiphilic polymer being chosen                
         from:                                                                      
         (1) celluloses modified with groups containing at least one                
         fatty chain, and                                                           
         (2) hydroxypropyl guars modified with groups containing at                 
         least one fatty chain.                                                     
              Claims 30 through 34 and 37 through 71 stand rejected                 
         under 35 U.S.C. § 103 as being obvious over Dubief in view                 
         of the International Cosmetic Ingredient Dictionary.                       
              On page 5 of the answer, the examiner has indicated                   
         that the rejection of claim 47 under 35 U.S.C. § 112,                      
         second paragraph, has been withdrawn.                                      
              The examiner relies upon the following references as                  
         evidence of unpatentability:                                               
         Dubief et al. (Dubief)       5,700,456       Dec. 23, 1997                 
         International Cosmetic Ingredient Dictionary, Fifth                        
         Edition, Vol. 1, 1993, pp. 110.                                            
              We limit our consideration to claim 30 in this appeal,                
         according to appellants’ grouping as set forth on page 4 of                
         the brief and 37 CFR § 1.192 (c)(7)(2003).                                 





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