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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