Appeal No. 1997-1717
Application No. 08/068,256
Background
The present invention is directed to a process of reducing mammalian hair
growth by applying to the skin a composition including an inhibitor of 5-lipoxygenase
(specification, page 1, lines 12-15). Appellants state that they “conceived that inhibiting the
enzyme 5-lipoxygenase would reduce the rate of hair growth” (appeal brief, page 3).
According to appellants, “[e]very inhibitor of 5-lipoxygenase that applicants tested caused
a reduction in hair growth.” (Id.)
Discussion
I. Rejection under 35 U.S.C. § 103
All of the appealed claims stand rejected under 35 U.S.C. § 103 as unpatentable
over Breuer, Shander I and Shander II. After careful consideration of the record, we will not
sustain this rejection.
The examiner argues that all three references “disclose a number of structures
which are useful in inhibiting hair growth” (examiner’s answer, page 4). According to the
examiner, “[w]hile none of the compounds of the prior art are identified as 5-
lipoxygenase inhibitors they would render the instantly claimed process obvious if they
possessed any such activity” (Id.) (emphasis added). The examiner places the burden on
appellants to show that the prior art compounds are “completely inactive” as 5-
lipoxygenase inhibitors (Id.). We disagree with this line of reasoning.
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