Ex Parte Dodd 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                                 for publication and is not binding precedent of the Board.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   KENNETH T. DODD, JOHN V. LAWLER,                                                    
                                            and CHRISTOPHER S. COUGHLIN                                                            
                                                          __________                                                               
                                                    Appeal No. 2005-2046                                                           
                                                  Application No. 10/101,004                                                       
                                                          __________                                                               
                                                           ON BRIEF                                                                
                                                          __________                                                               
               Before ELLIS, MILLS, and GREEN, Administrative Patent Judges.                                                       
               MILLS, Administrative Patent Judge.                                                                                 

                                               REMAND TO THE EXAMINER                                                              

                       Our consideration of the record leads us to conclude that this case is not in                               
               condition for a decision on appeal.  Accordingly, we remand the application to the                                  
               examiner to consider the following issues and take appropriate action.                                              
                       This is an appeal under 35 U.S.C. §134 from the examiner's final rejection of                               
               claims 1-28,  which are all of the claims on appeal in this application.                                            
                       Representative claim 1 reads as follows:                                                                    
                       1.  A method of shaving comprising applying to an area of skin a shaving                                    
               composition and shaving said area of skin, wherein the shaving composition                                          
               comprises an aqueous polymer solution having a stress ratio in excess of 3.0 at a                                   
               shear rate of 800 sec -l .                                                                                          






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