Ex Parte BROWN 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                                for publication and is not binding precedent of the Board.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. 27                 
                       UNITED STATES PATENT AND TRADEMARK OFFICE                                              
                                                __________                                                    
                            BEFORE THE BOARD OF PATENT APPEALS                                                
                                         AND INTERFERENCES                                                    
                                                __________                                                    
                     Ex parte CHARLES RUPERT TELFORD BROWN, PETER FAIRLEY,                                    
                                             and STANLEY LAM                                                  
                                                __________                                                    
                                            Appeal No. 2002-1559                                              
                                         Application No. 09/282,708                                           
                                                __________                                                    
                                                 ON BRIEF                                                     
                                                __________                                                    
                Before SCHEINER, MILLS, 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 1-7 and 9-14.  Claims 1 and 10 are representative of the            
                subject matter on appeal, and read as follows:                                                
                1.    A hair treatment composition which has a thickened fluid form comprising:               
                (i) a first phase comprising at least one naturally derived polymer which is                  
                capable of forming a reversible gel, which polymer is present in the composition              
                as a shear gel having a multiplicity of separate gel particles which have been                
                formed by subjecting the polymer to shear while gel formation takes place, and                









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