Appeal No. 1996-4133
Application 08/264,073
gelling agent, are alkali metal salts of fatty acids having carbon chain length in a range of
C -C , the composition having a melting point greater than 59EC, whereby the gel stick
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composition can be stored at 120EF while maintaining size and shape even after three
months.
The reference relied upon by the examiner is:
Geria 4,702,916 Oct. 27, 1987
GROUND OF REJECTION
Claims 1-15 and 17-27 stand rejected under 35 U.S.C. § 103. As evidence of
obviousness, the examiner relies upon Geria and applicants' disclosure.
We reverse.
BACKGROUND
At page 1 of the Specification, applicants describe the invention as relating to a
soap-gelled stick composition, used as a base for incorporation of various active
ingredients, including deodorants, to form various stick products. The composition is said
to maintain its physical form and aesthetic qualities over extended periods of time, even
under high-temperature climatic conditions.
DISCUSSION:
The rejection under 35 U.S.C. § 103
In rejecting the claims on appeal, the examiner has relied upon Geria as disclosing
an analgesic stick composition comprising a delivery system comprising about 10-65%
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