Appeal No. 95-2688
Application No. 07/845,560
This application is remanded to the examiner to reconsider the issues raised by the
Kerkhoven theory of rejection in light of the following. Orentreich '556 teaches the use of
DHEA to prevent and/or treat dry skin (xeroderma) and loss of natural oiliness. See this
reference at column 1, lines 12-16 and column 2, lines 56-58. Xeroderma or xerosis is
defined as the pathologic dryness of skin. See Stedman's Medical Dictionary, 24th ed.,
Williams & Wilkins, page 1582, copyright 1982, copy attached. Vitamin A (retinoic acid)
has been recommended for the treatment of xerosis (asteatosis). See Modern
Dermatology and Syphilology, 2nd ed., pages 65-69, copyright 1947, copy attached.
However, retinoic acid topical therapy is said to often cause dryness of the skin. See
appellant's specification at page 3, lines 6-17.
In light of the above disclosures and upon reconsideration of the entire record, the
examiner is required to reweigh all disclosures (inclusive of the fact that retinoic acid
therapy often causes dryness of the skin) which are relevant to a rejection based on the
grounds that DHEA and vitamin A (retinoic acid) have been individually used for "the very
same purpose" as required by the holding in In re Kerkhoven. Upon reweighing all the
relevant facts in this record, the examiner should restate a rejection of appealed claim 1, if
appropriate. Consideration of a rejection to any other appealed claim should be made on
a claim-by-claim basis.
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