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 µm; 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 µm.
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.
DISCUSSION
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 µm exhibit both good stability and deposition of the conditioning agent.”
Id. at 6.
2
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