Ex Parte PILLAI et al - Page 1




                                  The opinion in support of the decision being entered today was not written                                        
                                           for publication and is not binding precedent of the Board.                                               
                                                                                                            Paper No.  16                           
                               UNITED STATES PATENT AND TRADEMARK OFFICE                                                                            
                                                                 __________                                                                         
                                     BEFORE THE BOARD OF PATENT APPEALS                                                                             
                                                       AND INTERFERENCES                                                                            
                                                                 __________                                                                         
                                Ex parte SREEKUMAR PILLAI, UMA SANTHANAM, MARIEANN                                                                  
                                          CARLOMUSTO, and CAROL ANNETTE BOSKO                                                                       
                                                                 __________                                                                         
                                                           Appeal No. 2001-1779                                                                     
                                                        Application No. 09/398,898                                                                  
                                                                 __________                                                                         
                                                                   ON BRIEF                                                                         
                                                                 __________                                                                         
                     Before WILLIAM F. SMITH, SCHEINER and GRIMES, Administrative Patent                                                            
                     Judges.                                                                                                                        
                     GRIMES, Administrative Patent Judge.                                                                                           

                                                          DECISION ON APPEAL                                                                        
                              This is a decision on appeal under 35 U.S.C. § 134 from the examiner’s                                                
                     final rejection of claim 2, the only pending claim.  Claim 2 reads as follows:                                                 
                                       2.      A skin care composition comprising:                                                                  
                                               (i)      an organic extract of chick peas in an amount such as                                       
                                                        to provide an estrogenic activity equivalent to at least                                    
                                                        1 nM of estradiol;                                                                          
                                               (ii)     a cosmetically acceptable vehicle.                                                          









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