Appeal No. 2001-0441
Application No. 08/779,219
Claims 1 and 2 are illustrative of the claims on appeal and read as follows:
1. A powder mixture comprising a compound having skin-tanning properties
and releasing at least one of formaldehyde or formic acid, a source of sulphite ions and,
optionally, a stabilizer.
2. A mixture according to claim 1, wherein the compound having skin-tanning
properties contains a ketol group of the formula
The references relied upon by the examiner are:
Andreadis et al. (Andreadis) 2,949,403 Aug. 16, 1960
Schultz et al. (Schultz) 5,049,381 Sep. 17, 1991
Ziegler et al. (Ziegler) 5,232,688 Aug. 3, 1993
Claims 1-2 and 7-17 are rejected under 35 U.S.C. § 103 as being unpatentable
over Andreadis and Ziegler in view of Schultz.1
We reverse.
Background and Discussion
As indicated by claims 1 and 2, above, the present invention is directed to a
cosmetic composition which is capable of imparting a tan coloration to the skin.
1The claims 1 and 2 were finally rejected under 35 U.S.C. § 112, first paragraph
(Paper No. 9); however, that rejection was withdrawn in the Examiner’s Answer. Answer,
p. 2.
2
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