Ex Parte Pugliese - 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                      publication and is not binding precedent of the Board.           
                                                                                      
                        UNITED STATES PATENT AND TRADEMARK OFFICE                      
                                       ____________                                    
                            BEFORE THE BOARD OF PATENT APPEALS                         
                                    AND INTERFERENCES                                  
                                       ____________                                    
                               Ex parte PETER T. PUGLIESE                              
                                   (hereafter Pugliese)                                
                                       ____________                                    
                                   Appeal No. 2005-0545                                
                               Application No. 09/989,0191                             
                                                                                      
                                         ON BRIEF                                      
                                       ____________                                    

          Before GRON, ADAMS and MILLS, Administrative Patent Judges.                  
          GRON, Administrative Patent Judge.                                           
                         DECISION ON APPEAL UNDER 35 U.S.C. § 134                      
                                       Introduction                                    
               This is an appeal under 35 U.S.C. § 134 of an examiner’s                
          final rejection of claims pending in Application 09/989,019.  All            
          “oil-in-water emulsion” claims (Claims 1-7 and 9-11) stand twice             
          rejected under 35 U.S.C. § 103 in view of the combined teachings of          
               1                                                                       
                    Application for patent filed November 21, 2001.                    
          Applicant claims benefit under 35 U.S.C. § 119(e) of the                     
          November 24, 2000, filing date of Provisional Application                    
          60/250,397.                                                                  




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