Ex parte MELLUL et al. - Page 2


                 Appeal No. 1999-0997                                                                                     
                 Application No. 08/397,141                                                                               



                         The examiner relies on the following reference:                                                  
                         Guillon et al. (Guillon)            4,492,686            Jan. 08, 1985                           

                         Claims 14-27 stand rejected under 35 U.S.C. § 102(b) as anticipated by                           
                 Guillon.                                                                                                 
                         Claims 14-27 also stand rejected for obviousness-type double patenting                           
                 over claims 1 -7 of Guillon.                                                                             
                         We reverse both rejections.                                                                      
                                                      Background                                                          
                         Various cosmetic compositions are formulated as a dispersion of solid                            
                 pigment particles in a fatty binder.  Specification, page 1, lines 7-13.  The                            
                 preparation and use of such compositions , however, poses several problems,                              
                 including “the difficulty of obtaining stable dispersions, so as to apply, for                           
                 example to the skin, a regular make-up whose application is uniform and which                            
                 retains a good homogeneity.”  Page 1, lines 36-39.                                                       
                         Appellants’ specification discloses that the properties of such                                  
                 compositions are improved when the surfaces of the solid organic pigment                                 
                 particles are coated with a cationic polymer before the particles are introduced                         
                 into the composition.  Page 3, lines 1-7.  Specifically, such compositions “hav[e]                       
                 good properties of stability and adhesion to the skin” and nails.  Id.                                   
                         The specification discloses that the particles can be coated with polymer                        
                 using any of several known methods.  Pages 29-30.  Whatever method is used,                              


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