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for publication and is not binding precedent of the Board.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 ANDREAS BLECKMANN,
RAINER KROPKE, and GUNTHER SCHNEIDER
__________
Appeal No. 2005-1742
Application No. 09/436,171
__________
ON BRIEF
__________
Before ELLIS, MILLS, 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 1, 3-5, 7-9 and 11. Claim 1 is representative of the
subject matter on appeal, and is drawn to a water-in-oil emulsion, “(a) with a
content of water and optionally water-soluble substances totalling greater than
85% by weight, and with a content of lipids, emulsifiers and lipophilic constituents
of less than 15% by weight, in each case based on the total weight of the
preparations,” “(b) comprising at least one surface active substance selected
from the group consisting of substances of the general formula (I),” and “(c)
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