Ex Parte Fairley et al - Page 5

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

                   Claims 1-3, 6-10, and 12-14                                                                                        
                           With respect to the disputed limitations, according to the Examiner, Coffindaffer                          
                   teaches (1) “suitable conditioning components selected from non-volatile silicone                                  
                   conditioning agents, hydrocarbon oils, fatty ester oils and petrolatum” (Answer 3                                  
                   (emphasis added2)); and (2) “two different particulate materials, one having particle size                         
                   of less than 2 microns.”  Id. at 4.   The Examiner admits that “Coffindaffer employs                               
                   silicone oil . . . in their examples but not the claimed triglyceride” (id.) but notes that “the                   
                   prior art teachings are not limited to preferred embodiments.”  Id. at 6.  The Examiner                            
                   further admits Coffindaffer does not teach “silicone-free compositions, as required by                             
                   claim 15.”  Id. at 4.                                                                                              
                           The Examiner relies upon Thiel for the disclosure of (1) triglycerides, including at                       
                   least some of those claimed by Appellants,3 and (2) the advantages of using such oils.                             
                   Answer 4 (citing Thiel, col. 8, ll. 24-45 & col. 2, ll. 14-23 (“addition of vegetable oils as                      
                   condition[ing] agents is advantageous because the oils are natural, biodegradable and                              
                   inexpensive and at the same time provide enhanced conditioning”)).  According to the                               
                   Examiner, such teachings would have suggested incorporating Thiel’s expressly recited                              
                   vegetable oils into Coffindaffer’s shampoo as a conditioning agent.                                                
                           With respect to their “triglyceride” limitation, Appellants argue:  “There is mere                         
                   passing reference in Coffindaffer et al. to fatty ester oils being among the useful                                

                   2 Triglycerides are a subgenus of the genus of fatty ester oils.  Specification at 13,                             
                   ll. 28-31.                                                                                                         
                   3 We note the disclosure of “glycerides” and “triglycerides” in Coffindaffer’s                                     
                   Background section (Coffindaffer at 3, ll. 4 & 29) suggesting that the benefits of their use                       
                   in shampoos would have been well known to those skilled in the art.                                                


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