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for publication and is not binding precedent of the Board.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. 28
UNITED STATES PATENT AND TRADEMARK OFFICE
__________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
__________
Ex parte C. NEIL KITSON and
JENIFER L. THEWALT
__________
Appeal No. 2004-0902
Application No. 09/780,060
__________
ON BRIEF
__________
Before SCHEINER, ADAMS, 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 1-9 and 14-19.1 Claims 1-5 are representative of the
subject matter on appeal, and read as follows:
1. A skin barrier replacement composition comprising an
aqueous formulation of at least two lipids in a non-crystalline phase
lamellar array which adopt a crystalline lamellar phase upon
application to mammalian skin.
2. The composition of claim 1, comprising at least three lipids.
1 Claims 1-19 and 22-40 are pending. Claims 10-13 stand as objected to as
depending on a rejected base claim, and claims 22-40 stand withdrawn from
consideration pursuant to a restriction requirement.
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