Appeal No. 2006-1759 Παγε 11
Application No. 09/984,184
organofluorine compounds to such wax micro dispersions improves
the cosmetic properties of cosmetic compositions containing same
and the plasticity of films formed using such compositions. The
wax micro dispersions of Mellul are disclosed as being useful in
a mascara for treating eyelashes and in other cosmetic hair
treating compositions. See, e.g., the abstract, column 1, line
48 through column 3, line 25, column 6, lines 10-20, column 7,
line 48 through column 9, line 9, and the Examples of Mellul.
Based on the combined teachings of Collin and Mellul, the
examiner has reasonably determined that it would have been
obvious to one of ordinary skill in the art at the time of the
invention to employ a micro dispersion of wax particles as taught
by Mellul as the form of wax dispersion used in the cosmetic
composition of Collin to obtain the expected advantages
associated with the use of wax particles in a micro dispersed
format, as taught by Mellul, in the hair and eyelash care
cosmetic composition of Collin with a reasonable expectation of
success in so doing. See pages 8-10 of the answer. We are in
full agreement with the examiner’s obviousness assessment.
Appellants’ argument that the examiner has failed to set
forth a prima facie case of obviousness is clearly untenable in
light of the above. We agree with appellants (brief, page 20)
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