Ex parte LEVERE et al. - Page 2




              Appeal No. 1996-2396                                                                                         
              Application 08/285,873                                                                                       


                     1.     Method for treating excessive scalp exfoliation or scalp hyperkeratinization                   
              in a subject comprising applying to the scalp of a subject with excessive scalp exfoliation                  
              or scalp hyperkeratization an amount of vitamin B12 sufficient to alleviate said excessive                   
              scalp exfoliation or scalp hyperkeratization.                                                                
                     4.     The method of 1 wherein said exfoliation or hyperkeratization is dandruff.                     
                     6.     The method of claim 1, wherein said subject is a non-human animal.                             

                     The reference relied upon by the examiner is:                                                         
              Choay                                      3,876,765                    Apr. 8, 1975                         
                     The claims stand rejected as follows:                                                                 
                     Claims 1 and 4 through 6 stand rejected under 35 U.S.C. § 102(b) as being                             
              anticipated by Choay.                                                                                        
                     Claims 1 and 4 through 8 stand rejected under 35 U.S.C. § 103 as being                                
              unpatentable over Choay.                                                                                     
                     We reverse.                                                                                           
                                                       Discussion                                                          
                     As indicated by the claims above, the present invention is directed to a method of                    
              treating humans and non-human animals suffering from excessive scalp exfoliation or                          
              hyperkeratization using vitamin B12.  Such conditions of the scalp are said to include                       
              dandruff.  Specification, p. 2, lines 8-10.                                                                  




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