Appeal No. 2006-0728 Page 8
Application No. 10/198,714
The shampoo compositions used in Ramachandran’s Example 1 do not include a
metal pyrithione (the active agent is climbazole). However, Ramachandran suggests
the addition of zinc pyrithione to climbazole-containing combinations as a co-
therapeutic. Column 5, lines 15-37. Therefore, it would have been obvious to a person
of ordinary skill in the art to add zinc pyrithione to the shampoo composition of
Ramachandran’s Example 1 and to use the modified shampoo composition as
disclosed in that example.
The method made obvious by Ramachandran meets all the limitations of claim 8:
(1) The shampoo is applied to a “wet scalp” (col. 8, line 17); therefore, the
method reasonably appears to involve wetting the skin before applying the
shampoo.
(2) Ramachandran suggests modifying the exemplary shampoo to contain zinc
pyrithione, and massaging it into the scalp (col. 8, line 18), thereby applying
it to the skin.
(3) Following shampooing, the hair is “rinsed free of lather,” which reasonably
appears to involve rinsing excess metal pyrithione (in the modified shampoo)
from the skin.
(4) Finally, Ramachandran teaches that the scalp was evaluated after
shampooing to judge, among other things, dryness and flaking. This
teaching reasonably appears to meet the limitation of “determining the extent
to which the level of lipids in the skin has increased,” because the instant
specification teaches that the evaluation “may involve a determination by the
user of the product by visual observation and/or by sensing the degree to
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