Appeal No. 2006-0391
Application No. 10/366,371
homogeneous, making possible a uniform and homogeneous make-up . . .
[which] can be applied and spread easily . . . without leaving a feeling of
greasiness.” Id., p. 3, lines 17-19 and p. 4, lines 5-6.
According to the specification (p. 4, lines 11-17), “[t]he term ‘anhydrous
composition’ is understood to mean a composition comprising less than 5%
by weight of water with respect to the total weight of the composition,
preferably from 1% to 2% of water, more preferably less than 1% of water.
Most preferably still, the composition does not comprise water at all. The
compositions of the invention are preferably devoid of polyvalent alcohols,
that is to say of alcohols comprising at least two OH groups, such as
propylene glycol, butylene glycol, glycerol or sorbitol.”
I. Claims 1-4, 7-16, 18-37, 40-49, 51-69, 76 and 77
The examiner argues that Nojima discloses anhydrous cosmetic
compositions which contain “from 0.1% to 50% of polyoxyalkylene modified
organopolysiloxanes (including those of the instant invention), from 1 to 90%
of an oil such as solid, semi-solid or liquid oil (e.g. silicone oil, waxes,
hydrogenated jojoba oil, lanolin, liquid paraffin, etc), from 0.1 to 95% of
pigments (e.g. talc, mica, silica, polyethylene power [sic, powder], titanium
oxide, iron oxide, zinc oxide, iron oxide-coated mica, silicone-treated
pigments, etc.) and other cosmetically acceptable substances.” Answer,
pp. 3-4. The examiner further argues that the cosmetic compositions
disclosed by Nojima “are free from polyhydric alcohols.” Id., p. 4. The
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