Appeal No. 2007-0080 Page 3
Application No. 09/771,595
(ii) subsequent partial or complete quaternization or protonation of the polymer
where the monomer (a) is not quaternized or only partially quaternized, and
B) as inorganic UV filter at least one micronized metal oxide
chosen from the group consisting of titanium dioxide, zinc oxide, cerium oxide,
aluminum oxide, silicon oxide, zirconium oxide, manganese oxide, aluminum
oxide [sic] and iron oxide.
Obviousness under 35 U.S.C. § 103
Claims 1-4 and 9-19 stand rejected under 35 U.S.C. § 103(a) as obvious over
Dieing1 in view of Tanner2 and George.3
“Cationic polymers are used as conditioners in cosmetic formulations. They . . .
bring about an improvement of the wet combing capability of the hair . . . [and] prevent
the electrostatic charging of the hair.” Dieing, page 2. Dieing teaches cationic
copolymers comprising N-vinylimidazole monomers (id., page 3; page 7, Example 3)
which are suitable as conditioners in cosmetic preparations for the hair, including in
lotions, conditioners, rinses, and shampoos. Id., pages 5-7.
The Examiner states that Dieing teaches the copolymer recited in claim 1,
including in the recited amounts and with the recited crosslinking agent, but does not
describe the presence of an inorganic UV filter (“B”) as required by the claim. Answer,
pages 3-4. For this component, the Examiner asserts that “Tanner et al. teach that it is
conventional to employ sunscreens in a variety of personal care products.” Id., page 4.
Tanner describes a composition suitable for application to the skin which contains
dibenzoylmethane (a UV absorber) and surface-treated zinc oxide, the latter which is an
1 Dieing, EP 0 893 117 A2, Jan. 27, 1999. All references to Dieing are with respect to the English
translation (November 2002) of the German text. The pages numbers correspond to the pagination in the
German text. The translation incorrectly listed Hossėl as the first inventor. However, page 1, column 1, of
the original publication shows “Dieing, Reinhold, Dr.” as the first inventor.
2 Tanner, U.S. Patent No. 5,827,508, Oct. 27, 1998.
3 George, U.S. Patent No. 6,165,449, Dec. 26, 2000.
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