Appeal No. 2006-1759 Παγε 14
Application No. 09/984,184
describes a technique for forming micro dispersions of wax for
use in cosmetic compositions that provides advantageous
properties as noted in the Examples, including good curl and
suppleness and shine for an eyelash composition and good shape
retention and body for a hair application composition. Moreover,
good plasticity properties as related by Mellul are compatible
with the desired properties of the cosmetic film forming
compositions of Collin. We note, for example, that Collin
(column 8, line 67) teaches that plasticizers may be used in the
cosmetic composition thereof. One of ordinary skill in the art
would recognize from such disclosure of Collin that acceptable
plasticity properties are not only relevant to, but desired for
the composition of Collin.
As a final point, we note that appellants do not argue, much
less furnish evidence to establish, that the claimed invention is
attended by unexpected results.
On this record, we affirm the examiner’s obviousness
rejection of claims 1-50 and 52-69 over the combination of Collin
and Mellul.
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