The opinion in support of the decision being entered today is not binding precedent of the Board. Paper 16 UNITED STATES PATENT AND TRADEMARK OFFICE ______________________ BEFORE THE BOARD OF PATENT APPEALS AND INTERFERENCES ______________________ Ex parte BARTLEY D. MAXON and MICHAEL S. STARCH ______________________ Appeal No. 2004-06001 Application No. 10/024,9832 ______________________ ON BRIEF ______________________ Before: SPIEGEL, LANE and TIERNEY, Administrative Patent Judges. SPIEGEL, 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 7 through 12, which are all of the claims pending in this application. A. Findings of fact (FF) The following findings of fact are supported by a preponderance of the evidence. 1. The invention is directed to water-in-oil (W/O) compositions (claims 7-12) "having a discontinuous aqueous phase dispersed in a continuous oil phase. ...[containing] a 1 The application on appeal was received by the Board on December 15, 2003. 2 Application for patent filed December 19, 2001 The real party in interest is the DOW CORNING CORPORATION.Page: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 NextLast modified: November 3, 2007