Ex Parte HASEBE 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                                   for publication and is not binding precedent of the Board.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.  32                   
                         UNITED STATES PATENT AND TRADEMARK OFFICE                                                     
                                                     __________                                                        
                              BEFORE THE BOARD OF PATENT APPEALS                                                       
                                            AND INTERFERENCES                                                          
                                                     __________                                                        
                                       Ex parte KEIKO HASEBE, JURI SATA,                                               
                                      YASUHIRO DOI, YOSHINORI TAMURA,                                                  
                                    MASAKI INOUE, and HIROSHI SONOHARA                                                 
                                                     __________                                                        
                                               Appeal No. 2003-1428                                                    
                                             Application No. 09/468,777                                                
                                                     __________                                                        
                                              HEARD: January 6, 2004                                                   
                                                     __________                                                        
                 Before WILLIAM F. SMITH, GRIMES, 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 11-21.  Claims 11, 16 and 19 are representative of the                      
                 subject matter on appeal, and read as follows:                                                        
                        11.    A dispersion comprising:                                                                
                        (a) 5 to 40 wt.% of an amphipathic lipid having, in the molecule thereof, at                   
                        least one hydroxy group and at least one amide group;                                          
                        (b) 2 to 55 wt.% of a surfactant; and                                                          
                        (c) an aqueous medium,                                                                         






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