Appeal No. 2006-2248
Application No. 10/158,618
irritating ingredient, thus increasing the amount of its irritation-producing effects.
Thus, glycerin should be present in the composition in a low penetration-enhancing
effective amount (col. 7, lines 55-65).
13. A branched-chain fatty alcohol ester such as octyl hydroxy
stearate may also contribute to the mildness of the compositions of this invention.
Other branched-chain fatty esters may be useful in mitigating the irritating effects
of the compositions of this invention (col. 8, lines 7-11).
14. Preferably, the inclusion of irritating compounds should be
avoided. For example, butylene glycol is potentially irritating and may cause
additional irritation in the type of formulations of this invention. Other potentially
irritating compounds include soaps, amine-based compounds, surfactants, certain
sunscreen active ingredients and compounds which cause the pH of the
composition to become either extremely acidic or extremely basic (col. 7, line
66, to col. 8, line 6).
15. As shown herein at Appendix 6, Example 11 (col. 14, lines 25-
54) is the closest disclosed cosmetic composition to the composition claimed in
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