Ex Parte HASEBE et al - Page 2


                     Appeal No.  2003-1428                                                                       Page 2                        
                     Application No.  09/468,777                                                                                               

                                     wherein said amphipathic lipid has an average particle size of 0.5 to                                     
                             150 µm as a solid particulate and is dispersed in said surfactant and                                             
                             aqueous medium.                                                                                                   
                             16.     A process for preparing a dispersion as claimed [in claim 11], which                                      
                             comprises heating the component (a), the component (b) and water to a                                             
                             temperature not less than the melting point of the component (a), thereby                                         
                             fusing them; and cooling to crystallize the component (a).                                                        
                             19. A washing-away type cosmetic composition which is washed away                                                 
                             after application to the skin or hair comprising:                                                                 
                             (A) 0.01 to 10 wt.% of an amphipathic lipid having an average particle size                                       
                             of 0.5 to 150 µm as a solid particulate and having in the molecule thereof,                                       
                             at least one hydroxy group and at least one amide group; and                                                      
                             (b) 5 to 95 wt.% of a surfactant.                                                                                 
                             The examiner relies upon the following references:                                                                
                     Young                                           4,152,272                May   1, 1979                                  
                     Vanlerberghe et al. (Vanlerberghe)                5,306,488                Apr.  26, 1994                                 
                     Pillai et al. (Pillai)                           5,476,661                Dec. 19, 1995                                  
                     Dubief et al. (Dubief)                           5,679,357                Oct. 21, 1997                                  
                     European Patent Application                                                                                               
                     Nakamura et al. (Nakamura)                        0 487 958 A1 Jun.  3, 1992                                              

                             Claims 11-21, all of the pending claims, stand rejected under 35 U.S.C.                                           
                     § 103(a) over the combination of Nakamura and Vanlerberghe or Young.  The                                                 
                     claims also stand rejected under 35 U.S.C. § 103(a) over the combination of                                               
                     Dubief as combined with Vanlerberghe or Young, as well as the combination of                                              
                     Pillai and Vanlerberghe or Young.  After careful review of the record and                                                 
                     consideration of the issues before us, we reverse all of the rejections of record.                                        










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