Ex parte RIPPON - Page 1

                                         THIS OPINION WAS NOT WRITTEN FOR PUBLICATION                                                                                      
                           The opinion in support of the decision being entered today                                                                                      
                    (1) was not written for publication in a law journal and                                                                                               
                    (2) is not binding precedent of the Board.                                                                                                             
                                                                                                                        Paper No. 46                                       
                                            UNITED STATES PATENT AND TRADEMARK OFFICE                                                                                      
                                                   BEFORE THE BOARD OF PATENT APPEALS                                                                                      
                                                                    AND INTERFERENCES                                                                                      
                                                              Ex parte JOHN A. RIPPON                                                                                      
                                                                   Appeal No. 96-1957                                                                                      
                                                              Application 07/423,4721                                                                                      
                                                                HEARD: DECEMBER 9, 1997                                                                                    
                    Before KIMLIN, WEIFFENBACH and WARREN, Administrative Patent Judges.                                                                                   
                    WARREN, Administrative Patent Judge.                                                                                                                   
                                                                        Decision on Appeal                                                                                 
                              This is an appeal under 35 U.S.C.  134 from the decision of the examiner finally rejecting                                                  
                    claims 1, 4 through 18 and 21 through 40.  Claim 40 was canceled subsequent to the final                                                               
                    rejection leaving claims 1, 4 through 18 and 21 through 39 for our consideration on appeal  Claim                                                      
                    1  is illustrative of the claims on appeal:2                                                                                                                                                     
                              1. A method of applying an anionic dye to keratin fibres which comprises pretreating the                                                     
                    fibres by contacting them with an alkaline solution of an amphoteric surfactant, said solution                                                         
                    having a pH of not greater than 11, and thereafter applying dye to the pretreated fibres as an                                                         
                    acidic dye medium.                                                                                                                                     

                    1Application for patent filed September 25, 1989.                                                                                                      
                    1We have entered the amendment of March 27, 1995 (Paper No. 35) which the examiner has                                                                 
                    indicated “OK to enter.”                                                                                                                               
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