Ex Parte Holzl et al - 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                               for publication and is not binding precedent of the Board.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 WERNER HOLZL and MARCEL SCHNYDER                                              
                                                  __________                                                     
                                              Appeal 2006-2655                                                   
                                            Application 10/750,810                                               
                                           Technology Center 1600                                                
                                                  __________                                                     
                                                  ON BRIEF                                                       
                                                  __________                                                     
                Before MILLS, GRIMES, and LEBOVITZ, Administrative Patent Judges.                                
                LEBOVITZ, Administrative Patent Judge.                                                           
                                           DECISION ON APPEAL                                                    
                       This appeal involves claims to personal care and oral compositions.                       
                The Examiner has rejected the claims as obvious.  We have jurisdiction                           
                under 35 U.S.C.  134.  We affirm.                                                               
                                               BACKGROUND                                                        
                       The instant application describes the use of oxathiazolones of formula                    
                (1) as antimicrobial ingredients.  Specification 1, 5.  The compounds are said                   
                to be active against bacteria, yeasts, and molds.  Id.  They are described as                    
                suitable for use in personal care preparations and cosmetics, including                          
                shampoos, deodorants, and oral compositions.  Id. at 5 to 9.  They are also                      




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