Appeal No. 2007-0080 Page 9
Application No. 09/771,595
Other issues
Upon return of this application to the technology center, we suggest that the
Examiner consider the disclosure of the following patents to determine whether, in
combination with the teachings of Dieing, they are adequate to establish a prima facie
case of obviousness. U.S. Pat. No. 5,553,630 teaches the use of metal oxide
nanopigments, including zinc oxides, to protect hair against light. Column 1, lines 8-11
and 39-41. The metal oxides can be formulated with copolymers. Column 2, lines
51-65. U.S. Pat. No. 5,643,557 also teaches a haircare product containing metal
oxides. Abstract; column 8, lines 15-35.
REVERSED
Demetra J. Mills )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
Eric Grimes )
Administrative Patent Judge ) APPEALS AND
)
) INTERFERENCES
)
Richard M. Lebovitz )
Administrative Patent Judge )
RML/jlb
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