Ex Parte Samain 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                                    for publication and is not binding precedent of the Board.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. 22                 
                         UNITED STATES PATENT AND TRADEMARK OFFICE                                                         
                                                      __________                                                           
                               BEFORE THE BOARD OF PATENT APPEALS                                                          
                                              AND INTERFERENCES                                                            
                                                      __________                                                           
                                 Ex parte  HENRI SAMAIN and ISABELLE CRETOIS                                               
                                                      __________                                                           
                                                 Appeal No. 2004-2081                                                      
                                               Application No. 09/799,601                                                  
                                                      __________                                                           
                                                  HEARD May 3, 2005                                                        
                                                      __________                                                           
              Before WILLIAM F. SMITH, ADAMS, and GRIMES, Administrative Patent Judges.                                    
              GRIMES, 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 1-19, all of the claims remaining.  Claim 1 is representative and reads                  
              as follows:                                                                                                  
                     1.     A non-washing cosmetic composition comprising, in a cosmetically                               
              acceptable medium, at least one nonionic guar gum and at least one non-crosslinked                           
              anionic copolymer chosen from:                                                                               
                     (A)            copolymers comprising (i) at least one unit of at least one monomer                    
                                    chosen from maleic acid, fumaric acid, itaconic acid, maleic                           
                                    anhydride, fumaric anhydride, and itaconic anhydride, and (ii) at                      
                                    least one unit of at least one monomer chosen from vinyl esters,                       
                                    vinyl ethers, vinyl halides, phenylvinyl derivatives, acrylic acid, and                
                                    acrylic acid esters;                                                                   







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