The opinion in support of the decision being entered today was not written
for publication and is not binding precedent of the Board.
UNITED STATES PATENT AND TRADEMARK OFFICE
__________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
__________
Ex parte VERONIQUE DOUIN, BENEDICTE CAZIN,
JEAN-THIERRY SIMONNET, and ODILE AUBRUN
__________
Appeal No. 2004-2205
Application No. 09/766,403
__________
HEARD January 13, 2005
__________
Before MILLS, GRIMES, and GREEN, 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 1-9, 11-21, 23-25, 30, 33, 50, 51, and 55-84, all of the claims
remaining. Claims 1, 71, 73, 75, 79, and 80 are representative and read as follows:
1. An oil-in-water nanoemulsion comprising oil globules with an average size
of less than 150nm comprising at least one oil, at least one amphiphilic
lipid, and at least one nonionic polymer comprising at least one
hydrophobic block and at least one hydrophilic block.
71. A composition for caring for a keratin material chosen from body skin,
facial skin, mucous membranes, the scalp, the hair, the nails, the
eyelashes, and the eyebrows comprising a nanoemulsion comprising oil
globules with an average size of less than 150nm comprising at least one
oil, at least one amphiphilic lipid, and at least one nonionic polymer
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