Ex Parte Robinson 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                                       for publication and is not binding precedent of the Board.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 LARRY RICHARD ROBINSON,                                                           
                                                  and ROBERT BAO KIM HA                                                              
                                                           __________                                                                
                                                     Appeal No.  2006-0266                                                           
                                                  Application No.  09/867,235                                                        
                                                           __________                                                                
                                                            ON BRIEF                                                                 
                                                           __________                                                                
                   Before SCHEINER, ADAMS, and GREEN, 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 27-31, which are all the claims pending in the                               
                   application.                                                                                                      
                           Claim 27 is illustrative of the subject matter on appeal and is reproduced                                
                   below:                                                                                                            
                           27. A method of enhancing the delivery of oil-soluble skin care actives into                              
                                the skin comprising applying to the skin of a mammal in need of                                      
                                treatment, a safe and effective amount of a water-in-oil composition                                 
                                consisting essentially of:                                                                           
                                   a) an oil soluble skin care active, selected from the group                                       
                                       consisting of terpene alcohols, oil-soluble phytosterols, oil-                                
                                       soluble anti-acne actives, oil-soluble beta-hydroxy acids, oil-                               
                                       soluble vitamin B3 compounds, oil-soluble retinoids, oil-soluble                              
                                       anti-oxidants, oil-soluble radical scavengers, oil-soluble                                    
                                       chelators, oil-soluble flavonoids, oil-soluble anti-inflammatory                              





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