Appeal No. 2006-0012
Application No. 10/061,338
described, Dias specifically mentions conditioners. Referring to
suitable hydrocarbon oils conditioners, Dias specifically states
(column 23, lines 3-6) that:
Straight chain hydrocarbon oils preferably are from
about C12 to about C19. Branched Chain hydrocarbon
oils, including hydrocarbon polymers, typically will
contain more than 19 carbon atoms. Emphasis added.
Dias then goes on to state polydecene twice as an example of
these hydrocarbon oil and hydrocarbon polymer conditioners. See
column 23, lines 7-12 and lines 20-21. Thus, we concur with the
examiner that one of ordinary skill in the art would have led to
add appropriate conventional hair treating additives, such as the
polydecene hair conditioners (inclusive of the claimed
polydecene) exemplified in Dias, motivated by a reasonable
expectation of successfully imparting conditioning properties to
its hair bleaching compositions. See also Merck & Co. V.
Biocraft Laboratories Inc., 874 F.2d 804, 807, 10 USPQ2d 1843,
1846 (Fed. Cir.), cert. denied, 493 U.S. 975 (1989); In re
Corkill, 771 F.2d 1496, 1500, 226 USPQ 1005, 1008 (Fed. Cir.
1985); In re Susi, 440 F.2d 442, 444, 169 USPQ 423, 425 (CCPA
1971).
In reaching this determination, we note the appellants’
reliance on In re Baird, 16 F.3d 380, 29 USPQ2d 1550 (Fed. Cir.
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