Ex Parte TARLETSKY et al - Page 2


              Appeal No. 2002-0099                                                     Page 2                       
              Application No. 08/864,009                                                                               

              resulting composition, having particular applicability in the cosmetic and pharmaceutical                
              industries, is considerably more viscous than compositions of the prior art.                             
                     Claim 1, which is illustrative of the subject matter on appeal, reads as follows:                 
              1.     A composition for topical application to skin and mucous membranes adjacent                       
              the skin, said composition containing:                                                                   
                     (A.) an oil selected from the group consisting of linear and branched chain                       
                            hydrocarbons, cyclic hydrocarbons, aromatic hydrocarbons, naturally                        
                            occurring hydrocarbon mixtures, a C6 to C18 carboxylic acid and                            
                            triglycerides thereof, esters of an aromatic carboxylic acid and a C6 to C18               
                            alcohol, esters of a lower fatty acid and an alcohol, silicone compounds                   
                            and mixtures thereof; and                                                                  
                     (B.) a rheologically effective amount of a solid monocarboxylic acid having a                     
                            number average molecular weight between about 300 and about 3,000.                         




                                          THE PRIOR ART REFERENCES                                                     
                     In rejecting the appealed claims under 35 U.S.C. § 103(a), the examiner relies on                 
              the following prior art references:                                                                      
              Krzysik et al. (Krzysik)           5,288,482                        Feb. 22, 1994                       
              UNICID                            Trademark Reg. No. 1935576        Nov. 14, 1995                       












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