Ex Parte Bernard et al - Page 2



               Appeal No. 2005-0930                                                                          Page 2                  
               Application No. 09/965,792                                                                                            


                       -  particles of at least one polymer in an aqueous dispersion, wherein said at                                
               least one polymer has a glass transition temperature (Tg) ranging from 35°C to 80°C                                   
               and a minimum film-forming temperature (MFT) such that Tg - MFT $ 8°C; and                                            
                       -  at least two organic solvents wherein:                                                                     
                       a first organic solvent has a molecular weight less than or equal to 200 and a                                
               boiling point, measured at ambient pressure, ranging from 100°C and 300°C, and                                        
                       a second organic solvent has a molecular weight greater than 200 and a boiling                                
               point, measured at ambient pressure, greater than or equal to 120°C.                                                  
                       9.  A film-forming cosmetic composition comprising: a film-forming composition                                
               comprising:                                                                                                           
                       -  at least one polymer in an aqueous dispersion, wherein said at least one                                   
               polymer has a glass transition temperature (Tg) ranging from 35°C to 80°C and a                                       
               minimum film-forming temperature (MFT) such that Tg - MFT $ 8°C; and                                                  
                       -  at least two organic solvents wherein:                                                                     
                       a first organic solvent has a molecular weight less than or equal to 200 and a                                
               boiling point, measured at ambient pressure, ranging from 100°C and 300°C, and                                        
                       a second organic solvent has a molecular weight greater than 200 and a boiling                                
               point, measured at ambient pressure, greater than or equal to 120°C.                                                  

                       The examiner relies upon:                                                                                     
               Mondet et al. (Mondet)                         5,965,116               Oct. 12, 1999                                  
                       A U.S. patent discussed by this merits panel is:                                                              
               Leuridan et al. (Leuridan)                     6,372,201 B1            Apr. 16, 2002                                  
                       Claims 1 - 9, 15 - 22, and 43 - 70 stand rejected under 35 U.S.C. § 103(a) with                               
               the examiner relying upon Mondet as evidence of obviousness.  We reverse.                                             









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