Appeal No. 2001-1151 Page 2
Application No. 08/605,651
REPRESENTATIVE CLAIM
Claim 3, which is illustrative of the subject matter on appeal, reads as follows:
3. A cosmetic stick product consisting of a solid organic matrix comprising the
following parts by weight of ingredients:
volatile oil 10-55
liquid emollient 1-35
low melting point wax 20-30
and the solid organic matrix contains between about 0.5-20 weight percent of an
encapsulated powder composition homogeneously dispersed therein, wherein the
encapsulated powder composition comprises (1) discrete crystallites of at least one
ingredient selected from alkali metal and ammonium bicarbonates, and (2) between
about 0.1-20 weight percent of discrete crystallites of a fragrance ingredient; and
wherein the crystallites are in the form of polymer surface-coated particles, and the
crystallite ingredients have an average particle size in the range between about 5-80
microns [emphasis added].
THE PRIOR ART REFERENCES
In rejecting the appealed claims under 35 U.S.C. § 103, the examiner relies on
the following prior art references:
Murphy et al. (Murphy) 5,376,362 Dec. 27, 1994
Morehouse 5,354,559 Oct. 11, 1994
Barr et al. (Barr) 5,354,737 Oct. 11, 1994
Deckner et al. (Deckner) 4,919,934 Apr. 24, 1990
THE REJECTIONS
Claims 1 through 4, 6 through 8, 19, 20, 29, 31 through 33 and 35 stand rejected
under 35 U.S.C. § 103 as unpatentable over the combined disclosures of Murphy,
Morehouse and Barr. Claim 5 stands separately rejected under the same statutory
provision as unpatentable over the same combination of references, further taken in
view of Deckner.
Page: Previous 1 2 3 4 5 6 Next
Last modified: November 3, 2007