Ex Parte Biercevicz et al - Page 3

               Appeal 2007-0652                                                                            
               Application 10/320,028                                                                      
                      The Examiner relies upon the following references as evidence of                     
               obviousness:                                                                                
               Pfening   US 1,984,595   Dec. 18, 1934                                                      
               Kacher   US 5,674,511   Oct. 7, 1997                                                        
               Phallen   US 5,996,650   Dec. 7, 1999                                                       
               Lorenzi   US 2001/0018068 A1  Aug. 30, 2001                                                 
               Billet et al., "Cavitation," AccessScience@McGraw-Hill,                                     
               http://www.accessscience.com, DO1 10.1036/1097-8542.114900,                                 
               last modified: Oct. 23, 2001.                                                               
               Cornelis   US 2001/0051204 A1  Dec. 13, 2001                                                
               Bechtel   US 6,515,030 B1   Feb. 4, 2003                                                    

                      Appellants' claimed invention is directed to a process for                           
               manufacturing a personal care composition that comprise oil and water                       
               emulsions and variants, such as colors and fragrances.  The aqueous phase is                
               delivered by an electronically controlled servo-driven rotary pump from a                   
               first vessel into a blending tube, and then downstream from the blending                    
               tube, a so-called late variant addition phase, such as a liquid material                    
               comprising a fragrance or colorant, is fed into the base composition after it               
               leaves the blending tube.  Appellants explain in the Specification that when                
               only a fragrance or color change is necessary in formulating a different                    
               product, turn around preparation, which includes cleaning the feed lines, is                
               costly both in time and material (see page 2 of Specification).  The present                
               invention solves this problem by adding the variant, such as fragrance or                   
               color, downstream from the blending tube, thereby obviating the need to                     
               clean the blending tube and the vessel wherein the aqueous phase is                         


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