Appeal No. 2006-1759 Παγε 2
Application No. 09/984,184
as a cosmetic. An understanding of the invention can be derived
from a reading of exemplary claim 1, which is reproduced below.
A composition comprising, in a physiologically
acceptable medium comprising at least one aqueous phase, at
least one fiber and an aqueous microdispersion of particles
of at least one wax.
The prior art references of record relied upon by the
examiner in rejecting the appealed claims are:
Papantoniou et al. (Papantoniou) 3,937,811 Feb. 10, 1976
Mellul et al. (Mellul) 6,132,736 Oct. 17, 2000
Collin 6,491,931 Dec. 10, 2002
(filed Jul. 07, 2000)1
Claim 44 stands rejected under 35 U.S.C. § 112, second
paragraph as being indefinite for failing to particularly point
out and distinctly claim what appellants regard as their
invention. Claim 44 stands rejected under 35 U.S.C. § 112, first
paragraph as containing subject matter which was not described in
1 The availability of the subject matter disclosed by Collin as prior art to the here
claimed subject matter, in the context of the § 103(a) rejections, is not contested by
appellants.
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