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for publication and is not binding precedent of the Board.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
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Ex parte LYLE THEISEN
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Appeal No. 2005-0914
Application No. 09/843,219
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ON BRIEF
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Before ELLIS, ADAMS, and MILLS, Administrative Patent Judges.
ADAMS, Administrative Patent Judge.
DECISION ON APPEAL
This is a decision on the appeal under 35 U.S.C. § 134 from the
examiner’s final rejection of claims 33-52, which are all the claims pending in the
application.
Claim 361 is illustrative of the subject matter on appeal and is reproduced
below:
36. A reversible cosmetic composition comprising:
a water-based cosmetically acceptable carrier;
a photochromic composition dispersed within the carrier; and
a fixed color dye dispersed within the carrier and located exterior to
the dispersed photochromic composition.
The references relied upon by the examiner are:
1 While we refer to claim 36 as illustrative of the subject matter of appeal, we emphasize that
every claim on appeal requires, inter alia, a fixed color dye and a photochromic composition,
wherein the “fixed color dye [is] dispersed within the carrier and located exterior to the dispersed
photochromic composition.” See e.g., claims 33, 43, and 47.
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