Ex Parte MODI - Page 1




                              The opinion in support of the decision being entered today was not written                           
                                      for publication and is not binding precedent of the Board.                                   
                                                                                                Paper No. 16                       
                           UNITED STATES PATENT AND TRADEMARK OFFICE                                                               
                                                          __________                                                               
                                 BEFORE THE BOARD OF PATENT APPEALS                                                                
                                                 AND INTERFERENCES                                                                 
                                                          __________                                                               
                                               Ex parte JASHAWANT J. MODI                                                          
                                                          __________                                                               
                                                    Appeal No. 2001-2397                                                           
                                                  Application No. 08/855,779                                                       
                                                          __________                                                               
                                                           ON BRIEF                                                                
                                                          __________                                                               
                   Before WINTERS, MILLS, and GRIMES, Administrative Patent Judges.                                                
                   GRIMES, Administrative Patent Judge.                                                                            

                                                   DECISION ON APPEAL                                                              
                          This is a decision on appeal under 35 U.S.C. § 134 from the examiner’s                                   
                   final rejection of claims 1-44, all of the claims in the application.  Claims 1, 4, and                         
                   12 are representative and read as follows:                                                                      
                          1.      A personal care composition comprising:                                                          
                                  (a)     from about 0.1% to about 99% by weight of a vehicle system                               
                                          which comprises a hydrophobically modified nonionic water                                
                                          soluble polysaccharide polymer having a hydrophilic portion                              
                                          which comprises a water soluble polysaccharide polymer                                   
                                          backbone and a hydrophobic moiety selected from the group                                
                                          consisting of C3-C7 alkyl, aryl alkyl, alkyl aryl groups and                             
                                          mixtures thereof, wherein the ratio of the hydrophilic portion                           
                                          to the hydrophobic portion of the polymer is from about 2:1                              
                                          to 1000:1, and                                                                           






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