Appeal No. 2005-1428 Page 5
Application No. 09/930,320
hair conditioners or styling compositions to best suit the hair care needs of the user.”
Col. 1, lines 22-25.
More specifically, Rath discloses “a system for formulating customized hair care
products, such as hair shampoo, conditioner, and styling compositions. The hair care
system is composed of separately packaged components, including a low-viscosity
aqueous base composition, a compatible thickening composition and, optionally, one or
more enhancing additives.” Col. 2, lines 48-54.
“Examples of suitable enhancing additives include a shine enhancer, oil-based
moisturizer, herbal additive, hair strengthener, vitamin additive, colorant, body building
and conditioning polymers, natural or synthetic fragrance oils (aroma), UV absorbers,
and dandruff control compounds.” Col. 9, lines 30-35. Rath teaches exemplary
compositions for a “stimulating or astringent herbal additive” and a “soothing herbal
additive” (columns 19-20); both compositions have vehicles with at least two ingredients
in common. Rath also teaches exemplary color concentrate compositions (columns 20
through 23); all of the compositions have vehicles with at least two ingredients in
common.
Rath teaches that the base, thickener, and additive components are provided
separately, together with instructions (col. 13, lines 31-35). “The instructions can
provide one or more formulations of the components, including combinations of the
base with the thickener and desired enhancing additives, to achieve a desired
shampoo, conditioner or styling composition.” Col. 13, lines 36-40. “[T]he base . . . is
combined with the desired enhancing additives. The ingredients are typically mixed
together by vigorous shaking. . . . A predetermined amount of thickener is then added to
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