Ex Parte Maxon et al - Page 1




                                     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                                  entered today is not binding precedent of the Board.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.                                                                                      





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