Ex Parte Mettrie et al - Page 7




               Appeal No. 2005-1655                                                                        Page 7                
               Application No. 09/852,624                                                                                        


               surfactants would have been known to adversely affect uric acid solubility coupled with the fact                  
               that acylsarcosinates and acylisethionates were typically used in hair dye compositions, as                       
               evidenced by Lim, provides the requisite evidence of both a motivation to combine and a                           
               reasonable expectation of success to support a prima facie case of obviousness.                                   
                      As a final point, we note that Appellants base no arguments upon objective evidence of                     
               non-obviousness such as unexpected results.  We conclude that the Examiner has established a                      
               prima facie case of obviousness with respect to the subject matter of claims 30-46 which has not                  
               been sufficiently rebutted by Appellants.                                                                         


                                                        CONCLUSION                                                               
                      To summarize, the decision of the Examiner to reject claims 30-46 under 35 U.S.C.                          
               § 103(a) is affirmed.                                                                                             






















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