Ex Parte Lemann et al - Page 2


                  Appeal No. 2006-0391                                                                                           
                  Application No. 10/366,371                                                                                     

                          13. The composition according to Claim 1, wherein said at least one                                    
                  pigment is chosen from titanium, zirconium and cerium dioxides, zinc, iron and                                 
                  chromium oxides, ferric blue, pearlescent agents, carbon black, barium,                                        
                  strontium, calcium, aluminium lakes, pigments coated with silicone compounds,                                  
                  pigments coated with polymers, pigments coated with amino acids, and pigments                                  
                  coated with a mixture chosen from silicone compounds, polymers, and amino                                      
                  acids.                                                                                                         
                          17. The composition according to Claim 13, wherein said polymers are                                   
                  polyethylenes.                                                                                                 
                          The references relied upon by the examiner are:                                                        
                  Nojima   5,650,139   Jul. 22, 1997                                                                             
                  Barone et al. (Barone) 5,034,216   Jul. 23, 1991                                                               
                          The claims stand rejected as follows:                                                                  
                      I. Claims 1-4, 7-16, 18-37, 40-49, 51-69, 76 and 77 stand rejected under                                   
                              35 U.S.C. § 103(a) as being unpatentable over Nojima.                                              
                      II. Claims 17 and 50 stand rejected under 35 U.S.C. § 103(a) as being                                      
                              unpatentable over Nojima and Barone.                                                               
                      We have carefully considered the respective positions of both the appellants                               
                      and the examiner and find ourselves in substantial agreement with that of the                              
                      appellants.  Accordingly, we reverse.                                                                      


                                                  Background and Discussion                                                      
                          The anhydrous compositions recited in claim 1, above, are said to be                                   
                      useful for cosmetic, dermatological, hygienic or pharmaceutical purposes.                                  
                      Specification, p. 3, line 10.  With respect to their use in cosmetics, the                                 
                      specification discloses that said compositions are “particularly stable . . . [and]                        


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