Ex parte AHLUWALIA et al. - Page 2




              Appeal No. 1997-1717                                                                                           
              Application No. 08/068,256                                                                                     

                      1.  A process of reducing mammalian hair growth, comprising                                            
                      selecting an area of skin from which reduced hair growth is desired, and                               
                      applying to said area of skin a composition including an inhibitor of                    5-            
              lipoxygenase in an amount effective to reduce hair growth.                                                     

                      The references relied on by the examiner are:                                                          
              Shander (Shander I)                  4,720,489                   Jan. 19, 1988                                
              Breuer et al. (Breuer)                     4,885,289                    Dec.  5, 1989                        
              Shander et al. (Shander II)                 5,132,293                    Jul. 21, 1992                        


                                                   Ground of Rejection                                                       
                      Claims 1 and 8 through 12 stand rejected under 35 U.S.C.  103.  As evidence of                        
              obviousness, the examiner relies upon Breuer, Shander I and Shander II.1                                       

                      We reverse the examiner’s rejection.  In addition, we remand this application to the                   
              examiner for consideration of U.S. Patent No. 5,928,654, brought to our attention in a                         
              communication filed June 9, 2000 (Paper No. 29).  We also remand so that the examiner                          
              may consider this application in tandem with Application No. 08/068,257.                                       





                                                                                                                             
              1 The examiner withdrew the final rejection of claims 1 and 8 through 12 under                                 
              35 U.S.C.  112, first paragraph, as based on a non-enabling disclosure (examiner’s                            
              answer, page 2,  (4)).                                                                                        


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