Ex Parte POTECHIN 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                                          for publication and is not binding precedent of the Board.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. 20                          
                              UNITED STATES PATENT AND TRADEMARK OFFICE                                                                        
                                                               __________                                                                      
                                    BEFORE THE BOARD OF PATENT APPEALS                                                                         
                                                     AND INTERFERENCES                                                                         
                                                               __________                                                                      
                                                   Ex parte KATHY J. POTECHIN,                                                                 
                                                           ERIC P. GUENIN,                                                                     
                                                          XIAOZHONG TANG,                                                                      
                                                           JAIRAJH MATTAI,                                                                     
                                                           ELIZABETH LINN,                                                                     
                                                           WILSON LEE, and                                                                     
                                                           PAUL J. VINCENTI                                                                    
                                                               __________                                                                      
                                                         Appeal No. 2002-0441                                                                  
                                                      Application No. 09/273,152                                                               
                                                               __________                                                                      
                                                                ON BRIEF                                                                       
                                                               __________                                                                      
                     Before ADAMS, GRIMES, and GREEN, Administrative Patent Judges.                                                            
                     GREEN, 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 claims 2, 3, 5, 6, 8-22, 24, 27-30 and 32-39.  Claim 2 is                                              
                     representative of the subject matter on appeal, and reads as follows:                                                     
                     2.      A cosmetic composition made by combining:                                                                         
                             (a) at least one active cosmetic material selected from the group                                                 
                     consisting of antiperspirant active materials and deodorant active materials;                                             






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