Appeal No. 2005-1742 Page 6
Application No. 09/436,171
considering the combined teachings as a whole, would not have been motivated
by the combination of references to prepare a water-in-oil emulsion, “with a
content of water and optionally water-soluble substances totaling greater than
85% by weight.”
Claim 4 stands rejected under 35 U.S.C. § 103(a) as being rendered
obvious over the combination of Schreiber and Dupuis, as further combined with
Yoneyama.
Yoneyama is cited for teaching “water-in-oil emulsion type cosmetics
comprising cationic surfactants. Hydrocarbon oils such as liquid paraffin,
isopropyl myristate, waxes such as petrolatum, and silicone oils are disclosed as
comprising the oil components.” Examiner’s Answer, page 4. Thus, Yoneyama
does not remedy the deficiencies of the combination of Schreiber and Dupuis,
and the rejection of claim 4 is also reversed.
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