Appeal No. 1997-3900
Application 08/258,024
1
acknowledges that (Answer, page 3 ):
Brancq differs from the claimed invention in failing to specify
the vegetable oil as comprising at least 40% linoleic acid and
in failing to teach specifically a coemuslifier (sic, coemulsifier)
(although fatty alcohols are present as part of the self-
emulsifying system) or gelling agent (although cellulose and
may be part of the self-emulsifying system).
The examiner cites Ziegler as teaching cosmetic emulsions comprising .5-20%
vegetable oil such as sunflower oil, which is identified by applicants as a vegetable oil
within the scope of the claims, and which is disclosed as containing linoleic acid as its
primary constituent. (Answer, page 3). Ziegler is, also, urged to teach oily emollients such
as fatty acids and fatty alcohols and gelling agents such as xanthan gum which are the
same as those identified by applicants as being with the scope of the claims. (Answer,
page 4). Orr is cited as teaching cosmetic emulsions comprising 1-20% emollient
including vegetable oils such as sesame oil, which falls within the scope of the claimed
invention and fatty alcohols, vegetable waxes in combination with 1-10% emulsifier such as
a fatty alcohol and gelling agents such as tree exudates and water. (Id.). The examiner
then concludes that:
1We note that the pages of the Examiner's Answer are misnumber with an
additional unnumbered page appearing between numbered pages 2 and 3. Our reference
throughout this opinion reflects the page number which would be appropriate if the pages
were correctly numbered.
4
Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: November 3, 2007