Appeal No. 2006-1759 Παγε 12
Application No. 09/984,184
that Collin discloses the use of aqueous wax dispersions in the
cosmetic composition thereof without specifying a particular wax
particle size for use in the wax dispersions. However, unlike
appellants, we find that disclosure of Collin to militate in
favor of the examiner’s obviousness position rather than against
it.
In this regard, Collin, as appellants’ acknowledge, makes it
plain that their fiber-containing hair/eyelash treatment
composition is compatible with and can include a wax dispersion
ingredient. In leaving the particular size for the wax particles
to be used in the dispersion open, Collin makes it evident that
one of ordinary skill in the art should look to the known
available options for wax particle sizes that are employed in
forming dispersions used in cosmetic application compositions for
guidance on useful wax particle sizes. Thus, one of ordinary
skill of the art would have found the teachings of Mellul highly
pertinent and suggestive of the wax particle sizes to be employed
in forming a hair/eyelash care cosmetic composition of Collin.
Mellul teaches using micro particles of wax (less than 1
micrometer in size) in forming a dispersion of wax particles for
use in a hair/eyelash treating composition and that in so doing
advantages accrue in terms of the cosmetic properties achieved by
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