Ex Parte Shana et al - Page 3

                Appeal 2007-0533                                                                                 
                Application 09/930,320                                                                           

                of performance agents; and at least one variant from said second class of                        
                performance agents;                                                                              
                       (e) dosing, in a predetermined sequence, the consumer selected                            
                personal care base composition and performance agents into a container to                        
                form a personal care product; and                                                                
                       (f) mixing said personal care product until the product is uniform;                       
                wherein said first and second class of performance agents are independently                      
                selected from fragrances, colorants, benefit agents and blends thereof; and                      
                       (g) wherein said first and second class of performance agents do not                      
                include a thickener component other than component(s) selected from                              
                botanical extracts, emollients, vegetable oils, active agents for treating or                    
                preventing skin disorders, vitamins, fragrances and colorants.                                   
                6. The method of claim 1 wherein a customized label is applied to the                            
                container identifying the product and only the components of the base                            
                formula and dosed performance agents contained therein.                                          
                24. The method of claim 22 wherein said container has a neck; a cap                              
                without an orifice is used to cap said container to improve mixing efficiency                    
                when said container’s contents are blended by a mixing device while said                         
                container is situated in a position substantially inverted from its filling                      
                position.                                                                                        
                                                                                                                
                       Claim 1 reads the same as it did in Appeal 2005-1428 except for the                       
                addition of clause (g):  the first and second classes of performance agents do                   
                not include thickeners that are not also in one of several specific classes of                   
                performance agents (botanical extracts, emollients, etc.).                                       
                       Claim 6 depends on claim 1 and adds the limitation that a label is                        
                applied to the container that identifies the components of the personal care                     
                composition.  Claim 24 also depends (indirectly) on claim 1 and defines the                      
                size and configuration of the container.                                                         




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