Ex Parte Lemann 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                                  written for publication and is not binding precedent of the Board.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 PATRICIA LEMANN, ANNICK COLLETTE                                                     
                                                   and ISABELLE BARA                                                             
                                                         __________                                                              
                                                   Appeal No. 2006-0391                                                          
                                                 Application No. 10/366,371                                                      
                                                         __________                                                              
                                                  HEARD: March 7, 2006                                                           
                                                         __________                                                              

                  Before ELLIS, ADAMS and GRIMES, Administrative Patent Judges.                                                  
                  ELLIS, Administrative Patent Judge.                                                                            
                                                  DECISION ON APPEAL                                                             
                          This is an appeal pursuant to 35 U.S.C. § 134 from the examiner’s final                                
                  rejection of claims 1-4, 7-37, 40-69, 76 and 77.  Claims 5, 6, 38, 39 and 70-75                                
                  have been canceled.                                                                                            
                          Claims 1, 13 and 17 are representative of the subject matter on appeal                                 
                  and reads as follows:                                                                                          
                          1. An anhydrous composition comprising at least one silicone oil, at                                   
                  least one pigment, and at least one oxyalkylenated silicone substituted at the α                               
                  and ω positions, wherein said anhydrous composition contains less than 1% by                                   
                  weight of water with respect to the total weight of the composition.                                           






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