Ex Parte Tuccori - 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                                    for publication and is not binding precedent of the Board.                            
                                                                                             Paper No. 22                 
                         UNITED STATES PATENT AND TRADEMARK OFFICE                                                        
                                                     __________                                                           

                               BEFORE THE BOARD OF PATENT APPEALS                                                         
                                             AND INTERFERENCES                                                            
                                                      __________                                                          
                                         Ex parte SONIA REGINA TUCCORI                                                    
                                                      __________                                                          
                                                Appeal No. 2003-0944                                                      
                                              Application No. 09/577,955                                                  
                                                      __________                                                          
                                                       ON BRIEF                                                           
                                                      __________                                                          
              Before WILLIAM F. SMITH, SCHEINER and MILLS, Administrative Patent Judges.                                  
              SCHEINER, Administrative Patent Judge.                                                                      
                                                DECISION ON APPEAL                                                        
                     This is an appeal under 35 U.S.C. § 134 from the final rejection of claims 8-14                      
              and 16.  Claim 15 stands objected to as dependent on a rejected base claim, but                             
              according to the examiner (Answer, page 2), is otherwise allowable.                                         
                     Claims 8 and 16 are representative:                                                                  
              8.  A method for topically treating hair which comprises contacting said hair with a                        
              combination of:                                                                                             
                     (i) an amino acid, a salt of an amino acid, or a hydrosalt of an amino acid,                         
                     wherein said amino acid, salt of an amino acid or hydrosalt of an amino acid has                     
                     an aliphatic side chain; and                                                                         
                     (ii) an amino acid, a salt of an amino acid or a hydrosalt of an amino acid,                         
                     wherein said amino acid, salt of an amino acid, or hydrosalt of an amino acid has                    
                     a basic side chain.                                                                                  
              16.  A method according to claim 8, wherein (i) is isoleucine and (ii) is lysine.                           
                     The reference relied on by the examiner is:                                                          




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