Ex parte ARRAUDEAU et al. - Page 6

          Appeal No. 95-3562                                                          
          Application No. 08/110,996                                                  


          from the composition described by Arrandeau.  Moreover, it is               
          also significant that the relied upon prior art reference to                
          Arraudeau is assigned to appellants’ assignee.  Accordingly,                
          some weight must be given to appellants’ argument that one                  
          skilled in the art would recognize that the propylene glycol                
          actually functions as an emulsifier in the prior art                        
          composition.                                                                
               The decision of the examiner is reversed.                              
                                      REVERSED                                        




                         ANDREW H. METZ                )                              
                         Administrative Patent Judge   )                              
                                                       )                              
                                                       )                              
                                                       )                              
                                                       ) BOARD OF PATENT              
                         JOHN D. SMITH                 )     APPEALS                  
                         Administrative Patent Judge   )       AND                    
                                                       )  INTERFERENCES               
                                                       )                              
                                                       )                              
                                                       )                              
                         CHUNG K. PAK                  )                              
                         Administrative Patent Judge   )                              





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