Ex parte CATANEO et al. - Page 2




              Appeal No. 94-1549                                                                                        
              Application 07/945,540                                                                                    



                     Claims 1 and 2 are illustrative of the subject matter on appeal:                                   
                     1.  A nail polish remover consisting essentially of: (a) about 25 to 95% glycol                    
              ether ester; and (b) about 5 to 75% glycol ether.                                                         

                     2.  The nail polish remover of claim 1 additionally comprising: (c) about 5 to 40%                 
              water.                                                                                                    
                     The reference relied upon by the examiner is:                                                      
              Durham                      4,948,697                   Aug. 14, 1990                                     
                     Claims 1 through 15 stand rejected under 35 U.S.C.  103 as unpatentable over                      
              Durham.  Claims 5 through 15 stand rejected under 35 U.S.C.  112, second                                 
              paragraph, as being indefinite.  Claims 2 through 15 stand rejected under 35 U.S.C.                       
               112, fourth paragraph, as being of improper dependent form for failing to further limit                 
              the subject matter of a previous claim.                                                                   
                     We affirm-in-part the prior art rejection, reverse the rejection under 35 U.S.C.                   
               112, second paragraph, and affirm the rejection under 35 U.S.C.  112, fourth                           
              paragraph.                                                                                                
                                                  Prior Art Rejection                                                   
                     As seen from claim 1 on appeal, the claimed invention involves a nail polish                       
              remover which consists essentially of about 25-95% glycol ether ester and 5-75%                           
              glycol ether.  That composition is further modified by claim 2 as “additionally                           


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