Appeal No. 2005-1428 Page 2
Application No. 09/930,320
The system comprises providing a selection of personal care base
compositions and a plurality of variants from two or more classes of
performance agents. . . . Variants as used herein are defined as distinct
members of a single class of performance agent which may be selected
from such classes as botanical extracts, emollients, vegetable oils, active
agents for treating or preventing skin disorders, vitamins, and the like.
Variants may differ from each other with respect to either the identity (e.g.
vitamin E acetate and vitamin A palmitate), or in the concentration of the
aforementioned components.
Page 2.
“[P]ersonal care product base compositions include cleansing and conditioning
product bases useful for formulating body wash, body lotion, . . . hair shampoo, hair
conditioner,” etc. Page 3. “One class of performance agents may typically be
fragrances.” Page 6. “Other classes of performance agents . . . may include a colorant,
and a benefit agent. Inventive benefit agents include emollients, botanical extracts,
vitamins, other active ingredients to prevent or treat undesired skin and hair conditions,
and the like.” Pages 6-7.
“The consumer is allowed to select, in any sequence, one personal care base
composition and at least two variants from separate classes of performance agents,
such as a fragrance and a benefit agent. The user doses, in any sequence, the
consumer selected personal care base composition, performance agents, and, if
necessary, sufficient vehicle into a container, [and] mixes the contents until uniform.”
Page 2.
Discussion
1. Claim construction
Claims 1-11 and 13-29 are pending and on appeal. The claims subject to each
rejection stand or fall together. See the Appeal Brief, page 6. We will focus on claims 1
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: November 3, 2007