Appeal No. 95-3981
Application 08/099,880
1. A composition for forming a peelable cosmetic mask comprising:
(i) a polyvinyl alcohol polymer having a number average molecular weight
ranging from about 5,000 to about 200,000; and
(ii) a hydrophobically-modified acrylate or methacrylate polymer, the polyvinyl
alcohol and hydrophobically-modified acrylate or methacrylate polymer being present in
a relative weight ratio from about 20:1 to about 1:1, and the polymer being a copolymer
formed from a monoolefinically unsaturated carboxylic acid or anhydride monomer of 3
to 6 carbon atoms in an amount from about 50 to 99% by weight and a C -C alkyl
10 30
acrylate ester in an amount from about 1 to about 50% by weight.
The references relied upon by the examiner are:
Gueret et al. (Gueret) 5,026,552 Jun. 25, 1991
UK Patent Application (Mahieu) 2,144,133A July 25, 1983
NoxzemaŽ carton2
Claims 1, 7, and 8 stand rejected under 35 U.S.C. § 103 as unpatentable over
Mahieu, Gueret, and/or the photocopy of the NoxzemaŽ carton. We reverse and
remand the application to the examiner for further consideration since, in our view, the
examiner has premised the examination of this application upon an incorrect
interpretation of the claims.
2The examiner has not determined the publication date of this carton. Thus, it
is not apparent on what basis the examiner concluded it is prior art against the claims
on appeal. Be that as it may, appellant has not disputed that the information contained
on the carton which is relied upon by the examiner is prior art. For the purposes of this
appeal, we have considered that information.
2
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