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for publication and is not binding precedent of the Board.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 PETER LAWRENCE BAILEY, CLIVE RODERICK HARDING,
ALISON MOORE, and JULIA SARAH ROGERS
__________
Appeal No. 2006-0728
Application No. 10/198,714
__________
ON BRIEF
__________
Before GRIMES, GREEN, and LEBOVITZ, Administrative Patent Judges.
GRIMES, Administrative Patent Judge.
DECISION ON APPEAL
This appeal involves claims to a method of treating skin with a metal pyrithione
composition. The examiner has rejected the claims as anticipated by or obvious in view
of the prior art. We have jurisdiction under 35 U.S.C. § 134. We affirm with respect to
all of the claims except claim 8, and we enter a new rejection of that claim.
Background
“It is well-known that metal pyrithiones, such as zinc pyrithione, can be used in
the treatment of dandruff.” Specification, page 1. Zinc pyrithione is believed to act as
“an antimicrobial agent, killing the microbes that are responsible for causing the
dandruff.” Id.
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