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for publication and is not binding precedent of the Board.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. 22
UNITED STATES PATENT AND TRADEMARK OFFICE
__________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
__________
Ex parte HENRI SAMAIN, DANIEL BAUER and JEAN-MICHEL STURLA
__________
Appeal No. 2003-0845
Application No. 09/689,818
__________
ON BRIEF
__________
Before ADAMS, MILLS, and GREEN, Administrative Patent Judges.
GREEN, Administrative Patent Judge.
DECISION ON APPEAL
An oral hearing in this case was scheduled for May 20, 2003. Upon
reviewing the case, however, we have determined that an oral hearing will not be
necessary and we render the following decision based on the record. See
37 CFR § 1.194(c).
This is a decision on appeal under 35 U.S.C. § 134 from the examiner’s
final rejection of claims 1-36 and 54-68. Claims 1 and 34 are representative of
the subject matter on appeal, and read as follows:
1. A cosmetic composition comprising an aqueous dispersion of insoluble
polymer particles and at least one insoluble silicone, wherein said insoluble
polymer particles are present in a concentration greater than 15%, relative to the
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