Appeal No. 2005-0095
Application No. 10/127,776
We initially note that Appellants assert that for purposes of appeal
there are at least two separately patentable groups of claims. Group 1
consists of claims 1 to 9. Group 2 consists of claim 10. We will consider the
claims separately only to the extent that separate arguments have been
presented.
OPINION
Appellants’ invention relates to a cosmetic towelette which includes
a water-insoluble substrate and a cosmetic composition impregnated into
the substrate. The cosmetic composition comprises a water phase, a
sunscreen phase that is immiscible with the water phase and a surfactant
system. (Brief, p. 3). Claim 1, which is representative of the claimed
invention, appears below:
1. A cosmetic towelette comprising:
(a) a water-insoluble substrate; and
(b) a cosmetic composition impregnated into the substrate, the
composition having a viscosity ranging from 0 to about 100 cps, as
measured on a Brookfield RVT Viscometer using spindle 1 at 5 rpm at 25°C,
the composition comprising:
(i) from about 80 to about 99% of a water phase;
(ii) from about 0.1 to about 5% of a sunscreen phase immiscible with
the water phase, the sunscreen phase including at least 25% of an organic
sunscreen agent; and
-3-
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