Appeal No. 2006-1530 Παγε 4
Application No. 10/221,959
At the outset, we note that appellants (brief, page 7) have
grouped claims 113-14, 17 and 18 together and furnish separate
argument headings for claims 15, 16, 19, 20 and 21. Thus, we
shall consider appealed claim 11 as representative of rejected
claims 11-14, 17 and 18 in deciding this appeal. Claims 15, 16,
19, 20 and 21 shall be separately considered to the extent the
latter claims are separately argued in the brief in a manner
consistent with 37 CFR § 41.37(c)(vii).
Representative appealed claim 11 requires a composition that
includes, inter alia, (1) a dye, (2) an alkyl and/or alkenyl
oligoglycoside, and (3) a cationic biopolymer, such as a
chitosan, chitosan derivative or combination thereof (dependent
claim 12).
Pitfield discloses a hair coloring preparation that can
include, inter alia, a hair dye (column 3, line 29 through column
4, line 19 of U.S. Pat. No. 6,572,663), an alkyl oligoglycoside
(column 5, lines 3-5 of U.S. Patent No. 6,572,663), and a
3 Appellants inadvertently refer to claims 1-14, instead of rejected claims 11-14 at
page 7 of the brief.
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