Appeal No. 2006-2423 Page 4
Application No. 10/297,871
Gast describes a hair dye carrier composition that contains a hair dye, beeswax,
and protein hydrolyzate. The composition can contain other conventional additives,
including vitamins. Id., column 5, line 55.
Lindenbaum teaches formulations and methods for promoting hair or nail growth
in animals. Lindenbaum, page 6, lines 16-19. The formulations contain effective
amounts of a non-steroidal anabolic hormone in combination with a minimum essential
medium. Id., page 7, lines 4-11. The minimum essential medium is a “nutrient media
which supports cellular growth.” Id., page 11. It contains a number of preferred
ingredients, including pyridoxine. Id. The formulations “are useful for increasing hair
growth” and restoring natural hair color to the growing hair. Id., Abstract.
Method claims 24-30
The examiner rejected the claims as obvious over Gast in view of Lindenbaum.
He gave the following explanation for the rejection:
Gast (US’ 429) as a primary reference teaches a hair dyeing composition
comprising a substantive dye of HC Red 13 (see col. 1, line 65) and the genus
vitamins as conditioning substances (see col. 5, lines 53-55). Lindenbaum (WO’
943) as a secondary reference teaches a hair treating composition useful for
restoring the hair color by dyeing hair follicles to produce color (see abstract)
wherein the composition comprises pyridoxine as one of the preferable vitamin
as claimed in claim 30 (see page 11, line 23-25). . . . Therefore, there is a clear
and sufficient motivation to one having ordinary skill in the art to be motivated to
incorporate the pyridoxine vitamin that taught by Lindenbaum (WO’ 943) in the
dyeing composition of Gast (US’ 429) to arrive at the claimed invention with
reasonable expectation of success for conditioning the hair, enhancing the
growth of the hair and restoring the hair color as well.
Answer, pages 8-9.
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