Ex Parte Fairley et al - Page 2

                   Appeal No. 2006-2731                                                                                               
                   Application No. 10/102,077                                                                                         

                           Claims 1, 2, and 15 read:                                                                                  
                           1.   An aqueous shampoo composition comprising, in addition to water:                                      
                   i)    a cleansing surfactant;                                                                                      
                   ii)    a dispersed non-volatile, water-insoluble, oily conditioning agent                                          
                   comprising a triglyceride, the average D3,2 droplet size of which is in the                                        
                   range from 0.8 to 4 m; and                                                                                        
                   iii)  from 0.08 to 0.5% of a cationic polymer.                                                                     
                           2.  A composition according to claim 1, in which the D3,2 average droplet size of                          
                       the oily conditioning agent is in the range from 1.0 to 3.5 m.                                                
                       15.  A composition according to claim 1, wherein the shampoo composition is                                    
                       substantially free of silicone.                                                                                
                           The Examiner has rejected all the claims under  103(a) over the following                                 
                       two references, both of which teach conditioning shampoos:                                                     
                           Thiel   US 5,344,643  Sep. 6, 1994                                                                         
                           Coffindaffer  WO 98/18443  May 7, 1998 (publ’n date)                                                       
                           We affirm-in-part and reverse-in-part.                                                                     
                           The claimed invention is a shampoo comprising a cleansing surfactant, an oily                              
                   conditioning agent (a triglyceride) having a particular particle size range, and a given                           
                   percent of a cationic polymer.  According to the specification, “there is a need for                               
                   shampoo compositions containing non-silicone oily conditioning agents . . . which are                              
                   also stable.”  Specification 2.  Further, according to the specification, “aqueous shampoo                         
                   compositions containing an oily conditioning agent having a droplet size in the range                              
                   from 0.4 to 10 m exhibit both good stability and deposition of the conditioning agent.”                           
                   Id. at 6.                                                                                                          


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