Ex Parte Barrow et al - Page 2

                Appeal 2007-1156                                                                             
                Application 10/459,070                                                                       
                      (ii) from 0.01 to 10% by weight of a copolymer formed from a major                     
                portion of a monoolefinically unsaturated carboxylic acid or anhydride                       
                monomer of 3 to 6 carbon atoms and a minor portion of a C10-C30 acrylate or                  
                methacrylate ester monomer;                                                                  
                      (iii) from about 1 to about 30% of a crystalline gel structurant                       
                comprising a surfactant and co-surfactant in an amount and type exhibiting                   
                an enthalpy as measured by Differential Scanning Calorimetry ranging from                    
                about 2 to about 15 Joule per gram, and wherein the composition has a                        
                normal force of from about +5 to about +50 grams thereby achieving a silky                   
                sensory feel on skin, the glycerin to copolymer being present in a weight                    
                ratio ranging from about 350:l to about 10:1, the crystalline gel structurant                
                being anionic or nonionic;                                                                   
                when anionic the surfactant comprising C10-C22 fatty acid and a salt of the                  
                fatty acid, the fatty acid and salt being present in a ratio from 100:l to 1:100             
                and the co-surfactant comprising a C10-C22 fatty alcohol and a C1-C200 ester                 
                of a C10-C22 fatty acid, the alcohol and ester being present in a weight ratio               
                from 100:1 to 1:100; and                                                                     
                when nonionic the surfactant comprising a C1-C200 polyethoxy or                              
                polypropoxy alcohol ester of a C10-C22 fatty acid and the co-surfactant                      
                comprising a mixture of C10-C22 fatty alcohol, a glyceryl ester of a fatty acid              
                and a C10-C22 unesterified fatty acid.                                                       
                      The Examiner relies on the following references:                                       
                Rerek    US 5,849,315   Dec. 15, 1998                                                        
                Ha    US 5,997,887   Dec.   7, 1999                                                          
                Trinh    US 6,086,903   Jul.   11, 2000                                                      
                Motley   US 6,187,300 B1   Feb.  13, 2001                                                    
                Franklin    US 2001/0055574 A1  Dec.  27, 2001                                               
                Kono, JP 2002-284672, published October 3, 2002, Japanese machine                            
                translation.                                                                                 
                Inagawa, JP 09-087139, published March 31, 1997, Japanese machine                            
                translation.                                                                                 
                      We reverse.                                                                            
                                               DISCUSSION                                                    

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