Appeal No. 2005-0930 Page 3
Application No. 09/965,792
Discussion
As seen, claims 1 and 9 are directed to a film-forming cosmetic composition that
comprises three components. The first component is either particles of at least one
polymer in an aqueous dispersion (claim 1) or at least one polymer in an aqueous
dispersion (claim 9) having a specified glass transition temperature (Tg) and a minimum
film-forming temperature (MFT) such that Tg - MFT $ 8°C. The second two
components are at least two organic solvents with the first organic solvent having 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 the second organic solvent having a
molecular weight greater than 200 and a boiling point, measured at ambient pressure,
greater than or equal to 120°C.1
The examiner directs the reader of the Examiner’s Answer to Paper No. 8 for
explanation of the rejection. Examiner’s Answer, page 3. Taking the examiner up on
the invitation, we find from Paper No. 8 that the examiner first finds that Mondet teaches
cosmetic compositions which comprise a copolymer having at least three different
monomers and a glass transition temperature greater than 15° C. Paper No. 8, page 5.
The examiner makes further findings regarding the monomer content and weight
percentage of the Mondet copolymers. Id. The examiner however does not make an
explicit finding that any of the copolymers described in Mondet satisfy the relationship
Tg - MFT $ 8°C as required by claims 1 and 9. Rather, the examiner states “[i]t is noted
that a polymer from the prior art that has the same chemical composition as claimed in
1 Claim 17, the remaining independent claim, is similar in scope with claims 1 and 9 and further
requires that the film-forming cosmetic composition be a nail varnish.
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