Ex parte ARRAUDEAU et al. - Page 2




          Appeal No. 95-3562                                                          
          Application No. 08/110,996                                                  


          at least one water-soluble film-forming agent present in an                 
          aqueous solution.  Although the composition does not contain                
          an emulsifying agent, it is nevertheless stable.  See the                   
          specification, page 1, lines 17-25.  Thus, the present                      
          invention is said to be based on the discovery that when an                 
          aqueous solution of a water-soluble film-forming polymer is                 
          introduced into an anhydrous waterproof mascara composition,                
          it is possible to exclude emulsifying agents, which had been                
          required by the prior art when introducing aqueous solutions                
          into a hydrophobic medium.    Claim 16 is representative and is             
          reproduced below:                                                           
               16.  A waterproof composition for covering the eyelashes               
          consisting essentially of from 2 to 40 percent by weight,                   
          based                                                                       
          on the total weight of said composition, of at least one wax,               
          from 5 to 15 percent by weight, based on the total weight of                
          said composition, of at least one thickening agent, from 35 to              
          50 percent by weight, based on the total weight of said                     
          composition, of at least one volatile organic solvent and from              
          1 to 35 percent by weight of based on the total weight of said              
          composition of an aqueous solution of at least one water-                   
          soluble film-forming agent present in an aqueous solution in                
          an amount between approximately 0.1 to 55 percent, said                     
          composition not containing an emulsifying agent.                            
               The references of record relied upon by the examiner are:              
          Arraudeau      (Great Britain)          2,216,797                           
          Oct. 18, 1989                                                               

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