The opinion in support of the decision being entered today was not written for publication and is not binding precedent of the Board.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 LARRY RICHARD ROBINSON, and ROBERT BAO KIM HA __________ Appeal No. 2006-0266 Application No. 09/867,235 __________ ON BRIEF __________ Before SCHEINER, ADAMS, and GREEN, Administrative Patent Judges. ADAMS, Administrative Patent Judge. DECISION ON APPEAL This is a decision on the appeal under 35 U.S.C. § 134 from the examiner’s final rejection of claims 27-31, which are all the claims pending in the application. Claim 27 is illustrative of the subject matter on appeal and is reproduced below: 27. A method of enhancing the delivery of oil-soluble skin care actives into the skin comprising applying to the skin of a mammal in need of treatment, a safe and effective amount of a water-in-oil composition consisting essentially of: a) an oil soluble skin care active, selected from the group consisting of terpene alcohols, oil-soluble phytosterols, oil- soluble anti-acne actives, oil-soluble beta-hydroxy acids, oil- soluble vitamin B3 compounds, oil-soluble retinoids, oil-soluble anti-oxidants, oil-soluble radical scavengers, oil-soluble chelators, oil-soluble flavonoids, oil-soluble anti-inflammatoryPage: 1 2 3 4 5 6 7 8 NextLast modified: November 3, 2007