Ex parte VERNICE et al. - Page 2




          Appeal No. 1997-2339                                                        
          Application No. 08/177,576                                                  



          polyglyceryl methacrylate containing about 50% water, with                  
          about 1-10% by wt. of a silicone in the presence of about 1-                
          10% by wt. of a silicone which is a member selected from the                
          group consisting of cyclomethicone, dimethiconol, dimethicone               
          copolyols and mixtures of cyclomethicone and dimethiconol and               
          dimethicone copolymers thereof in the presence of 1-10% by wt.              
          of an emulsifier under conditions of elevated pressure ranging              
          from about 13,000 to about 50,000 psi.1                                     

               I.  REFERENCES                                                         
               The references relied on by the examiner are:                          
          Georgalas et al. (Georgalas)       4,837,019           Jun. 06,             
          1989                                                                        
          Martino et al. (Martino)           5,288,493           Feb. 22,             
          1994                                                                        

          II.  REJECTION                                                              
               Claims 1, 3, 5 through 8, and 10 through 16 stand                      
          rejected under 35 U.S.C. § 103 as unpatentable over Georgalas               
          and Martino.                                                                
               On consideration of the record, we reverse the examiner’s              
          rejection.                                                                  

               1 The phrase “in the presence of about 1-10% by weight of a silicone”  
          appears to be redundant.  If prosecution is resumed on this subject matter in
          this application, the examiner should determine whether claim 1 meets the   
          statutory requirements under 35 U.S.C. § 112, second paragraph.             
                                          2                                           





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