Appeal No. 2006-1222 Page 2
Application No. 10/141,442
Claims 1 and 13 are illustrative of the subject matter on appeal and are
reproduced below:
1. A lotion comprising a micro-emulsion composition, which is liquid at
room temperature and undergoes a phase change to a semi-solid or
solid upon contact with a substrate.
13. A lotion comprising a micro-emulsion, which comprises a polar
emollient, a non-polar emollient, a non-ionic surfactant, and a co-
surfactant.
The references relied upon by the examiner are:
Warner et al. (Warner) 5,525,345 Jun. 11, 1996
Luu et al. (Luu) 5,871,763 Feb. 16, 1999
GROUNDS OF REJECTION
Claims 1-18, 20-30 and 32-36 stand rejected under 35 U.S.C. § 102(b) as
anticipated by Warner.
Claims 19, 31 and 37-50 stand rejected under 35 U.S.C. § 103 as being
unpatentable over the combination of Warner and Luu.
For the following reasons we vacate the rejections of record and remand
the application to the examiner for further consideration.
DISCUSSION
Anticipation:
The rational for rejecting claims 1-18, 20-30 and 32-36 under 35 U.S.C.
§ 102(b) as anticipated by Warner is missing from the Answer. As set forth in
Manual of Patent Examining Procedure (MPEP) § 1207.02, “[a]n examiner’s
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