Ex Parte Maes et al - Page 2

                Appeal 2007-1144                                                                             
                Application 10/424,616                                                                       

                environment” (Specification 1).  The Specification discloses that                            
                “cholesterol sulfate, when applied topically to the skin, enhances the                       
                cohesion of the stratum corneum resulting in a more prolonged retention of                   
                the layers of the stratum corneum” (id. at 3).  When cholesterol sulfate is                  
                included in a typical self-tanning formulation, “the rate of turnover of the                 
                stratum corneum to which the composition is applied is slowed down,                          
                thereby permitting a longer rate of retention of the ‘tanned’ cells, and thus                
                prolonging the length of time the tan remains visible on the skin” (id. at 5).               
                                               DISCUSSION                                                    
                1.  CLAIMS                                                                                   
                      Claims 13-16 are on appeal.  Claims 1-12 and 17-21 are also pending                    
                but have been withdrawn from consideration by the Examiner.  Claims                          
                13-16 read as follows:                                                                       
                      13. A method for artificially tanning the skin comprising                              
                      applying to the skin a composition comprising applying to the                          
                      skin[1] an effective amount of cholesterol sulfate and an                              
                      effective amount of at least one self-tanning agent.                                   
                                                                                                            
                      14. A composition for artificially tanning the skin comprising                         
                      an effective amount of cholesterol sulfate and an effective                            
                      amount of at least one self-tanning agent.                                             
                      15. The composition of claim 14 which comprises DHA as                                 
                      the self-tanning agent.                                                                
                                                                                                            
                      16. The composition of claim 15, which also contains an                                
                      imidazole.                                                                             

                                                                                                            
                1 The second occurrence of “applying to the skin” in claim 13 appears to be                  
                a typographical error.                                                                       
                                                     2                                                       

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