Ex Parte Bernard 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                                       for publication and is not binding precedent of the Board.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 PASCALE BERNARD and                                                           
                                                          XAVIER BLIN                                                                
                                                           __________                                                                
                                                     Appeal No.  2005-0930                                                           
                                                  Application No. 09/965,792                                                         
                                                           __________                                                                
                                                            ON BRIEF                                                                 
                                                           __________                                                                
               Before WILLIAM F. SMITH, GARRIS, and FLEMING, Administrative Patent Judges.                                           
               WILLIAM F. SMITH, Administrative Patent Judge.                                                                        
                                                    DECISION ON APPEAL                                                               
                       This is an appeal under 35 U.S.C. § 134 from the final rejection of claims 1 - 9,                             
               15 - 22, and 43 - 70.  Claims 10 - 14, 23 - 42, and 71 - 76 have been withdrawn from                                  
               consideration by the examiner.                                                                                        
                       Claims 1 and 9 are representative of the subject matter on appeal and read as                                 
               follows:                                                                                                              
                       1.  A film-forming cosmetic composition comprising:                                                           










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