Ex Parte Fabry 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              not written for publication and is not binding                        
                               precedent of the Board                               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.  17            
                     UNITED STATES PATENT AND TRADEMARK OFFICE                      
                                   _____________                                    
                         BEFORE THE BOARD OF PATENT APPEALS                         
                                 AND INTERFERENCES                                  
                                   _____________                                    
                               Ex parte BERND FABRY,                                
                           JOSEF KOESTER, HERMANN HENSEN                            
                               AND KARL-HEINZ SCHMID                                
                                  ______________                                    
                               Appeal No.  2004-0273                                
                               Application 09/958,702                               
                                  ______________                                    
                                      ON BRIEF                                      
                                  _______________                                   
         Before WINTERS, GRIMES, and PAWLIKOWSKI, Administrative Patent             
         Judges.                                                                    
         PAWLIKOWSKI, 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 11-32.                                
              Claims 11, 12, and 15 are representative of the subject               
         matter on appeal, and are set forth below:                                 

              11.  A composition comprising an emulsifier component                 
         containing:                                                                
              (a)  a hydroxycarboxylic acid alkyl and/or alkenyl                    
         oligoglycoside ester; and                                                  
              (b)  a fatty alcohol                                                  









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