Ex Parte Crotty et al - 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                                   for publication and is not binding precedent of the Board.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. 11                 
                         UNITED STATES PATENT AND TRADEMARK OFFICE                                                       
                                                    __________                                                           

                               BEFORE THE BOARD OF PATENT APPEALS                                                        
                                             AND INTERFERENCES                                                           
                                                     __________                                                          
                      Ex parte BRIAN ANDREW CROTTY, CRAIG STEPHEN SLAVTCHEFF                                             
                                         and MICHAEL CHARLES CHENEY                                                      
                                                     __________                                                          
                                                Appeal No. 2003-0947                                                     
                                              Application No. 09/854,372                                                 
                                                     __________                                                          
                                                      ON BRIEF                                                           
                                                     __________                                                          
              Before SCHEINER, GRIMES and GREEN, Administrative Patent Judges.                                           
              SCHEINER, Administrative Patent Judge.                                                                     
                                               DECISION ON APPEAL                                                        
                     This is an appeal under 35 U.S.C. § 134 from the final rejection of claims 1-6, all                 
              the claims pending in the application.  Claim 1 is representative of the subject matter on                 
              appeal:                                                                                                    
                     1.  A cosmetic cream cleanser composition comprising:                                               
                            (i) from about 0.1 to about 20% by weight of a silicate;                                     
                            (ii) from about 0.001 to about 2% by weight of a crosslinked carboxyvinyl                    
                            polymer other than a long chain C10-C30 alkyl acrylate or methacrylate                       
                            containing polymer;                                                                          
                            (iii) from about 0.01 to about 40% by weight of a silicone copolyol                          
                            sulfosuccinate; and                                                                          
                            (iv) a cosmetically acceptable carrier;                                                      
                     wherein the composition has a viscosity ranging from about 20,000 to about                          
                     500,000 cp.                                                                                         
                     The references relied on by the examiner are:                                                       


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