Ex Parte Naumann 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                                  for publication and is not binding precedent of the Board.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 FRANK NAUMANN, ASTRID KLEEN,                                              
                                   HORST HOEFFKES, and BERND MEINIGKE                                                
                                                    __________                                                       
                                               Appeal No. 2006-2423                                                  
                                            Application No. 10/297,871                                               
                                                    __________                                                       
                                                     ON BRIEF                                                        
                                                    __________                                                       
             Before MILLS, GRIMES, and LEBOVITZ, Administrative Patent Judges.                                       
             LEBOVITZ, Administrative Patent Judge.                                                                  


                                              DECISION ON APPEAL                                                     
                    This appeal involves claims to compositions and methods for coloring hair. The                   
             examiner has rejected the claims as obvious over prior art.  We have jurisdiction under                 
             35 U.S.C. § 134.  We reverse the prior art rejections as applied to the method claims,                  
             but vacate the rejections as they apply to the composition claims, and remand to the                    
             examiner for further consideration and to take appropriate action.                                      












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