Ex Parte Brewster et al - Page 1




             The opinion in support of the decision being entered today was         
             not written for publication and is not precedent of the Board.         
                                                            Paper No. 11            
                     UNITED STATES PATENT AND TRADEMARK OFFICE                      
                                    ____________                                    
                         BEFORE THE BOARD OF PATENT APPEALS                         
                                 AND INTERFERENCES                                  
                                    ____________                                    

                         Ex parte  DAVID ALLEN BREWSTER and                         
                         ANTHONY ALOYSIUS SCAFIDI                                   
                                                                                   
                                    ____________                                    
                                Appeal No. 2003-1713                                
                             Application No. 09/853,727                             
                                    ____________                                    
                                      ON BRIEF                                      
                                    ____________                                    


         Before GRIMES, PAWLIKOWSKI and GREEN, Administrative Patent                
         Judges.                                                                    
         PAWLIKOWSKI, Administrative Patent Judge.                                  

                                 DECISION ON APPEAL                                 

              This is an appeal under 35 U.S.C. § 134 from the examiner’s           
         final rejection of claims 1 through 27.                                    
              Claim 1 is representative of the subject matter on appeal             
         and is set forth below:                                                    
                   1. A soft solid composition comprising:                          
                   a) a volatile silicone or a volatile hydrocarbon                 
              compound;                                                             
                   b) about 1 to about 10% of a structuring wax;                    






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