Ex Parte Douin et al - Page 2


              Appeal No. 2004-2205                                                                Page 2                
              Application No. 09/766,403                                                                                

                            comprising at least one hydrophobic block and at least one hydrophilic                      
                            block.                                                                                      
                     73. A cosmetic make up composition for a keratin material chosen from body                         
                            skin, facial skin, mucous membranes, the scalp, the hair, the nails , the                   
                            eyelashes, 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                      
                            comprising at least one hydrophobic block and at least one hydrophilic                      
                            block.                                                                                      
                     75.    A non-therapeutic care process for a keratin material comprising applying                   
                            to said keratin material a nanoemulsion comprising oil globules with an                     
                            average size of less than 150 nm and 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.                             
                     79.    A process for thickening oil-in-water nanoemulsions comprising including                    
                            at least one nonionic polymer comprising at least one hydrophobic block                     
                            and at least one hydrophilic block in said nanoemulsions comprising oil                     
                            globules with an average size of less than 150nm and comprising at least                    
                            one oil and at least one amphiphilic lipid.                                                 
                     80.    An oil-in-water  nanoemulsion comprising oil globules with an average size                  
                            of less than 150nm comprising at least one oil phase, at least one                          
                            amphiphilic lipid, and at least one nonionic polymer comprising at least                    
                            one hydrophobic block and at least one hydrophilic block.                                   
                     The examiner relies on the following references:                                                   
              Cervantes et al. (Cervantes)              5,925,341                  Jul. 20, 1999                       
              Casperson et al. (Casperson)              WO 99/36047                 Jul. 22, 1999                       
                     Claims 1-9, 11-21, 23-25, 30, 33, 50, 51, and 55-84 stand rejected under 35                        
              U.S.C. § 103 as obvious in view of Cervantes and Casperson.                                               
                     We affirm.                                                                                         
                                                     Background                                                         
                     “Oil-in-water emulsions are well known in the cosmetic and dermopharmaceutical                     
              field particularly for the preparation of cosmetic products such as lotions, tonics,                      





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