The opinion in support of the decision being entered today was not written for publication and is not binding precedent of the Board.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.Page: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 3, 2007