RESPONSE '1‘0 RESTRICHQN RE QlllREMENT
`Application Number: 16/331,933
`Fil‘ g Date: March 8, 2019
`rtle: COSl‘le'l‘lC COMPOSl’l‘lON
`
`Page 6
`Dirt: 4967.107US‘1
`
`This responds to the Restriction Requirement dated January 3, 2020,
`
`REh’lARKS
`
`Restristinnllstninsistent
`
`This application allegedly contains the following inventions or groups of inventions, which
`
`were not so linked as to form a single general inventive concept under PCT Rule l3, l,
`
`in accordance with 37 CPR 1.499, Applicant is required, in reply to this action, to elect a
`
`single invention to which the claims must he restricted.
`
`Group 1, claimt’ s) l—23, drawn to cosmetic composition comprising at least two different
`
`gelling agents, colorant and water:
`
`Group ll, claimts) 24—28, drawn to method for making a composition.
`
`in response to the Restriction Requirement, Group l, claims l 423, is presently elected
`
`without traverse. l-lowever, all rights are reserved to present any previously—presented claim of the
`
`instant application in prosecution of the instant application, or in one or more continuations,
`
`divisionals, or ether applications that claim benefit of priority to the instant application.
`
`
`Election of S ecies
`
`This application allegedly contains claims directed to more than one species of the generic
`
`invention. These species were deemed to lack unity of invention because they were not so linked as
`
`to form a single general inventive concept under PCT Rule l3 , l,
`
`Applicant is required, in reply to this action, to elect a single species to which the claims
`
`shall he restricted if no generic claim was finally held to he allm able. The reply must also identify
`
`the claims readable on the elected species. The species were as follows: htiniectant, emulsifier,
`
`emollient, film former, sunscreen agent, preservative, fragrance and antioxidant.
`
`in response to the species election, ernollient is presently elected without traverse~
`
`Claims l—l2, l7n19 and, 23~2£l read on the elected species.
`
`The Office Action stated that “Upon the allm 'ance of a generic claim, applicant will he
`
`entitled to consideration of claims to additional species, which were written in dependent form or
`
`

`

`RESPONSE '1‘0 RESTRICHQN RE QMREMENT
`Application Number: 16/33 L933
`
`Filing Date: March 8, 2019
`
`‘Tifle: COSJ‘VKL ‘I‘C COMPOSU‘ION
`
`Page 7
`Dkt: 4967.107US‘1
`
`Otherwise require all the iimitatiens of an allowed generic claim. Currently, the fellewing elai1n(s)
`
`were generic: Claims; 1 and 24 were generic.”
`
`

`

`RESPONSE 'l‘G RESTRICHQN RE QlElREMENT
`Application Number: 16/331,933
`Filing Date: March 8, 2019
`Title: COSJ‘VKE'E‘IC COMPOSU‘ION
`
`Page 3
`Did; 4967.107US‘1
`
`CGNCLUSEGN
`
`it is respectfully submitted that the claims are in condition for allowance, and notification to
`
`that effect is earnestly requested. The Examiner is invited to telephone the undersigned, at (612) 373"
`
`6905 to facilitate prosecution of this applieatien.
`
`If necessary, please charge any additional fees or deficiencies, or credit any overpaynients to
`
`Deposit Account No.
`
`l9—O743.
`
`Respectfully submitted,
`
`SCl-iWEEEGMAN LUi TDBEERG & WOEESSNER, PA.
`PD. Box 2938
`
`Minneapolis, MN 55402n0938
`(612) 373-6905
`
`Date
`
`Febiuagy 28: 202”}
`
`
`
`Monique h
`?eidol(
`Reg. No. 42,989
`
`

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