Appeal No. 1997-3900
Application 08/258,024
Claim 1 is illustrative of the subject matter on appeal and reads as follows:
1. A cosmetic or dermatological composition in the form of a stable oil-in-water
emulsion, comprising
(a) from 15 to 50% by weight of at least one vegetable oil containing at least 40%
linoleic acid triglycerides,
(b) from 2 to 7% be weight of a self-emulsifiable composition comprising from 60
to 90% by weight of at least one fatty alcohol having from 12 to 22 carbon atoms, from 10
to 40% by weight of at least one alkylpolysaccharide whose alkyl chain has from 12 to 22
carbon atoms, and from 0 to 5% by weight of polysaccharide,
(c) from 0.5 to 5% by weight of a coemulsifying agent selected from the group
consisting of at least one saturated fatty alcohol having from 16 to 32 carbon atoms, a
saturated fatty acid having from 16 to 32 carbon atoms and a mixture thereof,
(d) from 0.1 to 1% by weight of a gelling agent, and the remainder consisting
essentially of an aqueous phase.
The references relied upon by the examiner are:
Orr et al. (Orr) 4,976,953 Dec. 11, 1990
Ziegler 5,310,5556 May 10, 1994
Brancq et al. (Brancq) WO 92/06778 Apr. 30, 1992
GROUND OF RECORD
Claims 1 - 8 and 10-11 stand rejected under 35 U.S.C. § 103. As evidence of
obviousness, the examiner relies on Brancq, Ziegler, and Orr.
We reverse.
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