Appeal No. 2006-1759 Παγε 16
Application No. 09/984,184
soluble film forming polymer as disclosed by Papantoniou in the
cosmetic composition of Collin.
Appellants argue that the teachings of the combined
references would have, at most, motivated one of ordinary skill
in the art to try the fat-soluble polymers of Papantoniou in
Collin’s composition in that the applied prior art does not
direct one of ordinary skill in the art as to which of the
composition ingredients of Collin is critical or would be
successful to modify. In this regard, appellants seemingly are
contending that Collin discloses a large number of potential
cosmetic composition ingredients and that there is insufficient
direction to one of ordinary skill in the art to be led to the
modification proposed by the examiner. One difficulty we have
with that argument, in the case before us, is that appellants
likewise employ many different potential ingredients in the
claimed composition, all of which are known individually for use
in cosmetic compositions. Thus, appellants seemingly undercut
their argument of a need for criticality or specific direction to
suggest a modification to one of ordinary skill in this art given
the scope of the claims before us, as evidenced by a review of
appellants’ claims and specification.
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