Appeal No. 2005-0930 Page 10
Application No. 09/965,792
Apart from whether Example 1 anticipates certain of the claims set forth in this
application, the examiner should consider the broader disclosure of Leuridan since
Leuridan describes a nail varnish composition that comprises an aqueous dispersion of
polymer particles and a first and second organic solvent with all three components
bearing close relationship to the requirements set forth in the claims on appeal. It may
be that the broader disclosures of Leuridan would have suggested the subject matter of
the claims on appeal to one of ordinary skill in the art.
The decision of the examiner is reversed.
REVERSED
)
William F. Smith )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
Bradley R. Garris )
Administrative Patent Judge ) APPEALS AND
)
) INTERFERENCES
)
Michael R. Fleming )
Administrative Patent Judge )
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