Ex Parte de Paoli Ambrosi - 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                                      for publication and is not binding precedent of the Board.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 GIANFRANCO DE PAOLI AMBROSI                                                        
                                                         __________                                                               
                                                    Appeal No. 2006-0729                                                          
                                                 Application No. 10/322,566                                                       
                                                         __________                                                               
                                                          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 12-23.  The only remaining claims on appeal                               
                   (claims 24-27) were withdrawn from consideration as drawn to a non-elected                                     
                   invention.  Brief, page 2.                                                                                     
                          Claims 12 and 18 are illustrative of the subject matter on appeal and are                               
                   reproduced below:                                                                                              
                          12. Composition for topical use for treating and improving the aesthetic                                
                                  condition of the skin consisting essentially of, as active ingredient, a                        
                                  mixture of ethyl linoleate and triethyl citrate.                                                
                          18. Composition of claim 12 wherein the composition further contains                                    
                                  at least one additive selected from the group consisting of acetic                              
                                  acid, lactic acid, salicylic acid, tartaric acid, glycolic acid,                                
                                  clindamycin, minocycline, erythromycin, metronidazole, amoxycillin,                             
                                  triclosan, capryloyl glycine, azelaic acid, zinc hydroxide, zinc                                





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