Ex Parte HASLWANTER 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                                   for publication and is not binding precedent of the Board.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. 17                    
                         UNITED STATES PATENT AND TRADEMARK OFFICE                                                     
                                                    __________                                                         
                              BEFORE THE BOARD OF PATENT APPEALS                                                       
                                             AND INTERFERENCES                                                         
                                                    __________                                                         
                                     Ex parte JOSEPH A. HASLWANTER, and                                                
                                              WILLIAM F. RENCHER                                                       
                                                    __________                                                         
                                               Appeal No.  2002-0535                                                   
                                             Application No.  09/303,413                                               
                                                    __________                                                         
                                                     ON BRIEF                                                          
                                                    __________                                                         
                 Before ADAMS, GRIMES, and GREEN, Administrative Patent Judges.                                        
                 ADAMS, Administrative Patent Judge.                                                                   
                                              DECISION ON APPEAL                                                       
                        This is a decision on the appeal under 35 U.S.C. § 134 from the                                
                 examiner’s final rejection of claims 1-25.  The examiner indicated (Answer,                           
                 page 6) that claims 26 and 27, the only remaining pending claims, “would be                           
                 allowed upon cancellation of all other pending claims.”                                               
                        Claim 1 is illustrative of the subject matter on appeal and is reproduced                      
                 below:                                                                                                
                        1. A skin barrier lotion comprising: about 5 to 15 percent by weight of a                      
                            long-chain fatty acid; about 1 to 5 percent by weight of a long-chain                      
                            fatty alcohol; about 1 to 10 percent by weight of an oil; about 1 to 30                    
                            percent by weight of a silicone skin protectant; about 0.5 to about 5                      
                            percent by weight of an alkanolamine; about 0.5 to about 5 percent by                      
                            weight of a humectant; about 0.5 to about 10 percent by weight of an                       
                            inorganic skin protectant; about 0.5 to 15 weight percent of a                             
                            preservative; and about 50 to 90 percent by weight water.                                  





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