Ex Parte Pauly et al - 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                                for publication and is not binding precedent of the Board.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 MARC PAULY,                                                
                                           PHILIPPE MOSER, and                                                 
                                            VERONIQUE GILLON                                                   
                                                 __________                                                    
                                            Appeal No. 2005-0976                                               
                                          Application No. 10/203,228                                           
                                                 __________                                                    
                                                  ON BRIEF                                                     
                                                 __________                                                    
                Before ELLIS, ADAMS, and GREEN, Administrative Patent Judges.                                  
                GREEN, Administrative Patent Judge.                                                            

                                           DECISION ON APPEAL                                                  
                      This is a decision on appeal under 35 U.S.C. § 134 from the examiner’s                   
                final rejection of claims 5-20.  Claims 5 and 13 are representative of the subject             
                matter on appeal, and reads as follows:                                                        
                      5.     An aqueous cosmetic composition comprising:                                       
                      (a) an extract of Waltheria indica; and                                                  
                      (b) an acid component selected from the group consisting of ascorbic acid,               
                          ferulic acid, kojic acid, and mixtures thereof.                                      
                      13.    A process for inhibiting melanin formation in human skin comprising               
                             contacting the skin with an aqueous composition containing:                       






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