Ex parte ROSE et al. - Page 2




                 Appeal No. 1996-0454                                                                                                                   
                 Application No. 08/195,374                                                                                                             


                 subsequent to the final rejection .  These are all of the  2                                                                           
                 claims remaining in the application.                                                                                                   
                          The subject matter on appeal relates to a kit for                                                                             
                 preparing a ready-to-use composition for permanent waving of                                                                           
                 human hair which comprises two separate packages having                                                                                
                 therein a first composition and a second composition with                                                                              
                 particular pH ranges respectively associated therewith.  Prior                                                                         
                 to application onto human hair, these first and second                                                                                 
                 compositions are mixed to obtain the aforenoted ready-to-use                                                                           
                 composition with a pH value between 7 and 8.  This appealed                                                                            
                 subject matter also relates to a method for the permanent                                                                              
                 waving of human hair using these first and second                                                                                      
                 compositions.  The subject matter before us is adequately                                                                              
                 illustrated by independent claim 1, a copy of which taken from                                                                         
                 the appellants’ Brief is appended to this decision.                                                                                    
                          The references relied upon by the examiner as evidence of                                                                     
                 obviousness are:                                                                                                                       

                          2By an apparently inadvertent oversight, the above                                                                            
                 referenced amendment, which was filed June 12, 1995, has not                                                                           
                 been clerically entered notwithstanding the examiner’s entry-                                                                          
                 authorization via the advisory action mailed June 26, 1995.                                                                            
                 This oversight should be rectified upon return of the                                                                                  
                 application to the jurisdiction of the examiner.                                                                                       
                                                                           2                                                                            





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