Ex Parte Maxon et al - Page 1
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The opinion in support of the decision being
entered today is not binding precedent of the Board.
UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE BOARD OF PATENT APPEALS
Ex parte BARTLEY D. MAXON
and MICHAEL S. STARCH
Appeal No. 2004-06001
Application No. 10/024,9832
Before: SPIEGEL, LANE and TIERNEY, Administrative Patent Judges.
SPIEGEL, 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 7 through 12, which are all of the claims pending in this application.
A. Findings of fact (FF)
The following findings of fact are supported by a preponderance of the evidence.
1. The invention is directed to water-in-oil (W/O) compositions (claims 7-12) "having
a discontinuous aqueous phase dispersed in a continuous oil phase. ...[containing] a
1 The application on appeal was received by the Board on December 15, 2003.
2 Application for patent filed December 19, 2001 The real party in interest is the DOW CORNING
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