Appeal No. 1997-2339
Application No. 08/177,576
weight of the moisturizing component (column 2, lines 3-8).
Thus, Georgalas’ composition comprises at most about 3% by
weight of polyglyceryl
methacrylate, well below the amount required in the claimed
composition. Appellants’ arguments that the amounts of
polyglyceryl methacrylate in Georgalas’ compositions are “a
fraction of that used to make the claimed complex” (Brief,
page 7, footnote 8) are well taken.
3. Martino does not describe skin care compositions
comprising polyglyceryl methacrylate. Accordingly, Martino
does not cure the deficiencies of Georgalas.
4. The examiner provides no reason, suggestion, or
motivation stemming from the prior art which would have led a
person having ordinary skill to a gel formulation comprising
80-98% by weight of polyglyceryl methacrylate containing about
50% water.
5. In resolving questions of obviousness, a decision
maker must consider the claimed subject matter as a whole. 35
U.S.C. § 103. Here, the examiner has not adequately
considered every limitation in the claims in reaching her
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