Ex Parte Lopez - 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                              for publication and is not binding precedent of the Board.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  ARMANDO R. LOPEZ                                                    
                                                     __________                                                          
                                                Appeal No. 2006-1057                                                     
                                              Application No. 10/005,994                                                 
                                                     __________                                                          
                                                      ON BRIEF                                                           
                                                     __________                                                          
              Before MILLS, GRIMES and LEBOVITZ, Administrative Patent Judges.                                           
              MILLS,  Administrative Patent Judge.                                                                       

                                               DECISION ON APPEAL                                                        
                     This is a decision on appeal under 35 U.S.C. § 134 from the examiner's final                        
              rejection of claims 1-4, 6-12 and 18.                                                                      
                     Claims 1, 3 and 13 read as follows:                                                                 
                     1.   A skin protective composition for topical use that can prevent contact and                     
              passage to the skin of toxic chemicals and irritants found in the cosmetic industry                        
              comprising a cosmetic vehicle or base and about 1.0 to about 10% by weight of a                            
              lathering surfactant said composition being readily removable with water.                                  
                     3.  A skin protective composition according to Claim 1 wherein said vehicle or                      
              base contains at least one lipid substantially insoluble in water.                                         
                     13.  A skin protective composition according to claim 3 wherein said lipid is a                     
              member selected from the group consisting of petrolatum C 10-30 cholesterol/lanosterol                     
              esters, beeswax, polyethylene wax, paraffin, triglyceryl mono stearate, decaglyceral                       






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