Ex Parte POTECHIN et al - Page 5


                     Appeal No. 2002-0441                                                                        Page 5                        
                     Application No. 09/273,152                                                                                                

                     (PPG-5-ceteh-20) at column 6, line 42 of Greczyn.  The surfactant in that case,                                           
                     however, is used as a coupling agent, and the rejection provides no motivation                                            
                     for including a coupling agent or that particular coupling agent in the cosmetic                                          
                     composition of Lee.  The examiner also points to the teaching of polysorbate-20                                           
                     and PEG distearate at column 7, lines 2-5 of Greczyn.  Greczyn teaches the use                                            
                     of a large number of different nonionic surfactants, and there is no teaching or                                          
                     suggestion that would allow one of ordinary skill in the art to differentiate                                             
                     between those surfactants that would fall within the invention and those that                                             
                     would not.  In addition, the PEG-distearate preferred by Greczyn is PEG-12                                                
                     distearate, while claim 24 lists PEG-8 distearate, and the rejection does not                                             
                     address whether the PEG-12 distearate preferred by Greczyn has the properties                                             
                     required by the claimed invention.                                                                                        

























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