Appeal No. 1996-2396
Application 08/285,873
skin (col. 9, lines 30-32); (ii) old rats with a cream comprising vitamin B12 which results in
the thickening of the epidermis (col. 10, lines 44-46 and col. 13, lines 28-29); and (iii) solar
burns on the skin of mountain climbers with a cream comprising vitamin B12 which in
some cases resulted in the scaling of the skin being halted (col. 14, lines 40-43 and Table
1). The examiner has not pointed out, and we do not find, any disclosure in Choay of a
method of treating the skin which covers the top of the head; i.e., the treatment of the scalp,
with a composition comprising vitamin B12 to alleviate the conditions described in the
claims. Thus, it follows that we do not find that the teachings of Choay anticipate the
claimed method. Accordingly, the rejection is reversed.
II.
Turning to the rejection under 35 U.S.C. § 103, we find that the examiner
acknowledges that Choay does not teach the application of vitamin B12 to the scalp.
Nevertheless, the examiner argues that because the scalp is skin found on the top of the
head, given the teachings of Choay as to the topical application of the vitamin for the
treatment of dry scaly skin, “one skilled in the art would immediately envision the topical
application of the taught composition to the skin of the head and alternatively, that one
would be motivated to select the scalp within the general teaching of the skin (especially
since the scalp is among the topical areas prone to scaling and dryness).” Answer, p. 2.
We find the examiner’s arguments unpersuasive.
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