Ex Parte BOETTCHER et al - Page 2




              Appeal No. 2002-0089                                                                                     
              Application No. 09/331,647                                                                               

              1.     The Invention                                                                                     
                     The invention relates to cosmetic phase-inversion temperature (PIT) emulsions.  The               
              cosmetic contains wax esters, triglycerides and nonionic surfactants.  The cosmetic can be used          
              as a “refatting” agent to counteract the removal of lipids that occurs during personal cleansing.        
              (Specification, p. 1, lines 1-11 and p. 1, line 26 to p. 2, line 6).                                     
                     A copy of the claims under appeal is set forth in the appendix to the Appellant’s Brief.          
              Appellants do not argue the claims separately and thus, for purposes of this decision, stand or fall     
              together.  37 CFR § 1.192(c)(7).  Independent claims 8 and 15 are illustrative of the invention          
              and reads as follows:                                                                                    
                     8.  An aqueous cosmetic phase-inversion temperature emulsion comprising:                          
                            (a)    from 30 to 40% by weight, based on the weight of the emulsion,                      
                                   of a wax ester;                                                                     
                            (b)    a triglyceride;                                                                     
                            (c)    a partial glyceride; and                                                            
                            (d)    a fatty alcohol polyglycol ether.                                                   

                     15.    A process for enhancing refatting properties of a personal cleansing composition           
                     comprising adding an effective amount of an aqueous phase-inversion temperature                   
                     emulsion to the personal cleaning composition, the emulsion containing:                           
                            (a)    from 30 to 40% by weight, based on the weight of the emulsion,                      
                                   of a wax ester;                                                                     
                            (b)    a triglyceride;                                                                     
                            (c)    a partial glyceride; and                                                            
                            (d)    a fatty alcohol polyglycol ether.                                                   





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