Appeal No. 1996-1072
Application 08/132,289
examiner’s argument is not convincing because the examiner has
not explained why, after the PVP is crosslinked by the
compounds relied upon by the examiner, an alkylated PVP is
obtained, i.e., a PVP polymer having a group of the form
C Hn 2n+1 5 .
EPA discloses that poly(vinylpyrrolidone/1-eicosene) and
poly(vinylpyrrolidone/1-hexadecene) are exempt from tolerance
requirements when used as inert ingredients for pesticides
applied to growing crops or to raw agricultural commodities
after harvest. The examiner does not explain, and it is not
apparent, why this reference is relevant to insect repellants.
The examiner argues that in view of the applied
references, it would have been obvious to one of ordinary
skill in the art to include an insect repellant in a sunscreen
composition (answer, page 7). Even if this argument is
correct, the examiner has not set forth a prima facie case of
obviousness because, as explained above, the examiner has not
established that the applied references would have fairly
5 See Hackh’s Chemical Dictionary 27 (McGraw-Hill, 4th.
ed, 1969).
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