Ex parte VERNICE et al. - Page 1




                   THIS OPINION WAS NOT WRITTEN FOR PUBLICATION                       
          The opinion in support of the decision being entered today                  
          (1) was not written for publication in a law journal and                    
          (2) is not binding precedent of the Board.                                  
                                                            Paper No. 24              
                     UNITED STATES PATENT AND TRADEMARK OFFICE                        
                                    _____________                                     
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                    _____________                                     
                   Ex parte JOSEPH VERNICE and ALFRED R. GLOBUS                       
                                    _____________                                     
                                Appeal No. 1997-2339                                  
                             Application No. 08/177,576                               
                                   ______________                                     
                                      ON BRIEF                                        
                                   _______________                                    


          Before WINTERS, WILLIAM F. SMITH and LORIN,  Administrative                 
          Patent Judges.                                                              
          WINTERS, Administrative Patent Judge.                                       

                                 DECISION ON APPEAL                                   

               This appeal is from the examiner’s decision rejecting                  
          claims 1, 3, 5 through 8, and 10 through 16, all the claims                 
          remaining in the application.  Claim 1 is illustrative of the               
          subject matter on appeal and reads as follows:                              
               1. A clear, transparent, highly stable skin treatment                  
          composition in gel form for replenishing moisture in the skin               
          and promoting healing of burned, infected, and irritated skin,              
          comprising the product produced by combining 80-98% by wt.                  





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