Ex Parte Fairley et al - Page 3

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

                   The Cited Prior Art                                                                                                
                           Coffindaffer discloses shampoo compositions containing, inter alia, “a                                     
                   surfactant,” a “conditioning component,” a “deposition polymer,” and a “suspending                                 
                   agent.”  Coffindaffer at 4, ll. 24-32.  The conditioning component comprises “a first non-                         
                   volatile conditioning agent having a mean particle size of less than about 2 microns; and                          
                   a second non-volatile conditioning agent having a mean particle size of greater than about                         
                   5 microns.”  Id. at 4, ll. 26-30.  “Useful conditioning agents for the two components                              
                   include . . . non-volatile silicone conditioning agents, hydrocarbon oils, fatty ester oils                        
                   and petrolatum, preferably silicone . . . .”  Id. at 13, ll. 33-35.  “The first non-volatile                       
                   conditioning agent . . . (the smaller particles) have a mean particle size range . . . most                        
                   preferably below about 0.05 microns, and preferably greater than about 0.01 microns.”                              
                   Id. at 13, ll. 11-15.  According to Coffindaffer, “combining a surfactant . . . with a                             
                   particulate insoluble, dispersed, nonionic conditioning agent having a dual particle size                          
                   range, suspending agent and a deposition polymer” provides “improved conditioning                                  
                   while reducing the level of undesirable side effects,” including “conditioning agent build-                        
                   up.”  Id. at 4, ll. 2-14.  All of Coffindaffer’s examples use silicone oil for the conditioning                    
                   agent.  Id. at 26, l. 29 to 28, l. 14.                                                                             
                           Thiel describes one challenge with prior art shampoo-conditioning compositions,                            
                   i.e., the difficulty of “enhanc[ing] shampooing and conditioning without compromising                              
                   shelf stability.”  Col. 2, ll. 13-17.  To address this challenge, Thiel discloses “a shampoo-                      
                   conditioning composition comprising an oily, substantially water-insoluble conditioning                            
                   agent, a shampooing agent, an amount of a carboxyvinyl polymer sufficient to suspend                               
                   and stabilize the oily conditioning agent, a cationic conditioning agent, and water.”  Col.                        


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