Ex Parte Morley 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               written for publication and is not binding precedent of the Board.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 WAYNE GERALD MORLEY and BEGONA VARONA                        
                                       __________                                        
                                  Appeal No. 2006-1478                                   
                              Application No. 09/970,014                                 
                                       __________                                        
                                       ON BRIEF                                          
                                       __________                                        

          Before GARRIS, PAK and WALTZ, Administrative Patent Judges.                    
          GARRIS, Administrative Patent Judge.                                           
                                   DECISION ON APPEAL                                    
               This is a decision on an appeal which involves claims 1-18.               
               The subject matter on appeal relates to a composition with                
          two visible layers and comprising a liquid fat phase, a water                  
          phase having dissolved therein 0.01 - 1% by weight of                          
          carrageenan, and wherein the composition gives upon shaking by                 
          hand an oil-in-water emulsion which is stable for a period of up               
          to 30 seconds to 360 minutes and the composition reverts                       
          thereafter back into a system with two visible layers.  Further                




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