Appeal No. 95-1274
Application No. 07/914,150
must be considered in determining patentability. In re Geerdes,
491 F.2d 1260, 1262-63, 180 USPQ 789, 791 (CCPA 1974). Here, the
preamble of claim 1 recites the limitation, “[a] depigmenting
cosmetic or dermatological composition.” Accordingly, we must
consider such a limitation in our determination of patentability
of claim 1 in view of the herein applied reference. See e.g.
Rowe v. Dror, 112 F.3d 473, 479, 42 USPQ2d 1550, 1553 (Fed. Cir.
1997).
Paul describes an antioxidant comprising a reaction product
of polyhydric phenol and an aliphatic diene (page 1, column 1,
lines 12-15). Paul states that the reaction product may contain,
inter alia, 2-ethyl-5-hydroxy coumarane and 2,3-dimethyl-5-
hydroxy coumarane, both benzofuran derivatives. Paul further
states that the reaction product may be incorporated into a
rubber composition. We note, as do appellants, that Paul fails
to describe a “depigmenting cosmetic or dermatological
composition.” Significantly, Paul also fails to describe “an
effective amount” of the benzofuran derivative. Paul states that
0.1% to 5% of the antioxidant may be incorporated into the rubber
composition. Since Paul fails to describe the amount of the
benzofuran derivatives contained in the reaction product, it
4
Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: November 3, 2007