Ex Parte STURLA 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                                   for publication and is not binding precedent of the Board.                          


                         UNITED STATES PATENT AND TRADEMARK OFFICE                                                     
                                                     __________                                                        
                              BEFORE THE BOARD OF PATENT APPEALS                                                       
                                            AND INTERFERENCES                                                          
                                                     __________                                                        
                                         Ex parte JEAN-MICHEL STURLA,                                                  
                               JEAN-LUC BREMENSON, FRANCOIS LE BOURHIS,                                                
                                               and ARNAUD VILBERT                                                      
                                                     __________                                                        
                                               Appeal No. 2004-2322                                                    
                                             Application No. 09/385,412                                                
                                                     __________                                                        
                                             HEARD: January 25, 2005                                                   
                                                     __________                                                        
              Before ELLIS, ADAMS 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 1-29, all of the claims remaining.  Claim 1 is representative and reads              
              as follows:                                                                                              
                     1.     An aerosol device comprising:                                                              
                     (a) a container containing a composition formed of a fluid and at least one                       
              propellant, and                                                                                          
                     (b) means for distributing the composition,                                                       
                     wherein:                                                                                          
                            (i) the composition comprises, in a cosmetically acceptable medium, at                     
              least one polycondensate comprising at least one sequence chosen from polyurethanes                      
              and polyureas, and                                                                                       





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