Ex Parte Lanzendorfer et al - Page 2


                 Appeal No.  2006-1383                                                         Page 2                  
                 Application No.  10/025,065                                                                           
                               (iii) up to 10% by weight of one or more emulsifiers, and                               
                               (iv) 0.2% to 0.3% by weight of one or more ammonium                                     
                                      acryloyldimethyltaurates/vinylpyrrolidone copolymers.                            
                        4. The emulsion as claimed in claim 1, further comprising one or more                          
                            dyes, coloring pigments, or a combination thereof.                                         

                        The examiner relies on the following reference:                                                
                 Löffler     6,489,395    Dec. 3, 2002                                                                 


                                            GROUNDS OF REJECTION                                                       
                        Claims 1, 3 and 6 stand rejected under 35 U.S.C. § 103 as being                                
                 unpatentable over Löffler.                                                                            
                        Claims 4, 5, 7 and 8 stand rejected under 35 U.S.C. § 103 as being                             
                 unpatentable over Löffler in view of appellants’ “admitted prior art”.                                
                        We reverse the rejection of record.  In addition, we encourage the                             
                 examiner to consider the Other Issue section of this opinion and to take                              
                 appropriate action.                                                                                   
                                                    DISCUSSION                                                         

                                                  Claims 1, 3 and 6                                                    
                        Claims 1, 3 and 6 stand rejected under 35 U.S.C. § 103 as being                                
                 unpatentable over Löffler.                                                                            













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