Appeal No. 2006-1759 Παγε 13
Application No. 09/984,184
using such micro dispersions in a hair/eyelash treating
composition, as set forth herein and in the answer.
Consequently, not withstanding appellants contentions to the
contrary, there is ample suggestion in the applied references to
employ a micro dispersion of wax particles in the cosmetic
composition of Collin based on the combined teachings of the
applied references.
While we agree with appellants that Collin does not specify
the wax particle size that the claims require (micro dispersion)
and that Mellul does not disclose adding fibers to a mascara or
hair care composition, we note that establishing a prima facie
case of obviousness under § 103 does not require a showing of
anticipation by each of the applied references, as seemingly
argued. As for appellants’ contention that Collin does not
identify advantageous properties that the wax ingredient imparts
to the composition, we note that such a disclosure is unnecessary
to a determination of obviousness in that Collin teaches that wax
particles can be incorporated in the fiber-containing cosmetic
composition and Mellul provides the advantages associated with a
micro dispersion of wax ingredient for a cosmetic application.
Appellants’ contentions in the reply brief about the
relevance of Mellul’s teachings are misplaced in that Mellul
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