Ex Parte Lanzendorfer 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                                   for publication and is not binding precedent of the Board.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 GHITA LANZENDORFER, ANGELIKA BORMANN,                                             
                                        JENS NIELSEN, BIRGIT HARGENS,                                                  
                                  HEIDI RIEDEL, and STEPHANIE VON THADEN                                               
                                                     __________                                                        
                                               Appeal No. 2006-1383                                                    
                                             Application No.  10/025,065                                               
                                                     __________                                                        
                                                     ON BRIEF1                                                         
                                                     __________                                                        
                 Before ADAMS, GRIMES, 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 1, and 3-8, which are all the claims pending in                  
                 the application.                                                                                      
                        Claims 1 and 4 are illustrative of the subject matter on appeal and are                        
                 reproduced below:                                                                                     
                        1. A cosmetic or dermatological emulsion of the oil-in-water type,                             
                            comprising                                                                                 
                               (i) up to 90% by weight of a water phase,                                               
                               (ii) 0.5% to 20% by weight of a lipid phase, based on the total                         
                                      weight of the preparation,                                                       
                                                                                                                       
                 1 Appellants waived their request for oral hearing.  Paper received June 23, 2006.  Accordingly,      
                 we considered this appeal on Brief.                                                                   





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