Appeal No. 2006-1801 Page 4
Application No. 10/007,869
retinoid booster selected from the group consisting of alpha-ionone,
damascenone, and mixtures thereof.
It is clear from reading the application that the claimed “stable skin care product”
is for use by a consumer in applying to skin. For example, the stability problem
described in the application results when cosmetic formulations are prepared for direct
consumer use. See, e.g., Specification, pages 1-3. See, also, where the product is
disclosed as containing cosmetically acceptable vehicles to facilitate the product’s
distribution over the skin. Id., page 31, lines 15-21.
The product of claim 1 comprises a first composition in a first compartment, and
a second composition in a second compartment. The second composition comprises
one of several specific “retinoid boosters.” The compartments are “joined together.”
The claim recites a “thereby clause,” indicating that placing the first retinoid
composition in a different container from the second booster composition is “avoiding
chemical degradation of said first composition that would be caused by contact with said
second composition.” This is a result. Generally, if a limitation only states the result of
the claim limitations, it does not constitute a limitation itself. Texas Instruments Inc. v.
U.S. Intern. Trade Com'n, 988 F.2d 1165, 1172, 26 USPQ2d 1018, 1023 (Fed. Cir.
1993). Thus, we do not construe the claim to be limited to compartmentalizing
compositions for the purpose of avoiding retinoid degradation.
Claim 11 is similar to claim 1, but also recites “Climbazole” as a retinoid
booster. Claim 16 requires the presence of two retinoid boosters. Methods of using the
compositions are also claimed.
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