Ex Parte Hiraishi 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                               for publication and is not binding precedent of the Board.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. 22                    
                      UNITED STATES PATENT AND TRADEMARK OFFICE                                           
                                              __________                                                  

                           BEFORE THE BOARD OF PATENT APPEALS                                             
                                       AND INTERFERENCES                                                  
                                               __________                                                 
                           Ex parteTAKAHIRO HIRAISHI, KYOKO MATSUMOTO,                                    
                                    ANDREW MALCOM MURRAY and                                              
                                           TADASHI NUMATA                                                 
                                                __________                                                
                                          Appeal No. 2003-0862                                            
                                        Application No. 09/518,032                                        
                                               __________                                                 
                                                ON BRIEF                                                  
                                               __________                                                 
            Before WINTERS, SCHEINER and MILLS,  Administrative Patent Judges.                            
            MILLS, 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 1-12 which are all of the claims pending in this application.             
                  Claims 1 and 8 are illustrative of the claims on appeal and read as follows:            
                  1.  Hair treatment composition comprising a silicone component which comprises          
            a silicone gum with a viscosity greater than 1 Mcs, a silicone fluid with a viscosity of less 
            than 100 Kcs, and an amino functionalised silicone, wherein said viscosity is measured        
            by means of a glass capillary viscometer as set forth in Dow Corning Corporate Test           
            Method CTM004.                                                                                
                  8.  A composition according to claim 1, wherein the silicone component is in the        
            form of a mechanical emulsion.                                                                






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