Appeal No. 2001-0441
Application No. 08/779,219
Specification, p. 1. The composition comprises a skin-coloring compound which releases
formaldehyde and/or formic acid, such as dihydroxyacetone (DHA), and sulphite ions. Id.,
pp. 1-2. The sulfite ions are said to suppress the formation of formaldehyde and formic
acid in said compositions. Id., p. 2.
The examiner’s conclusion of obviousness is based on the teachings of Andreadis
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and Schultz. Answer, p. 4. The examiner argues that Andreadis discloses tanning
compositions which comprise DHA, a stearate stabilizer, and conventional adjuvants. Id.
The examiner acknowledges that Andreadis does not disclose the use of a sulfite ion, or a
cellulose derivative as the stabilizer. Id. To that end the examiner relies on Schultz which
discloses cosmetic tanning compositions which comprise certain indoles and a quaternary
ammonium halide. Schultz, col. 1, lines 7-10. Schultz further discloses that it may be
useful to incorporate an antioxidant, such as an inorganic sulfite, into said compositions in
order to prolong the shelf life. Id., col. 4, lines 21-26 and col. 6, lines 25-33. The examiner
concludes on page 4 of the Answer that:
... it would have been obvious to one of ordinary skill in the art at the time the
invention was made to prepare compositions by using the known DHA and
combine it with the antioxidants of ‘381 [Schultz] and use the conventional adjuvants
and stabilizers which have been used in the same field of endeavor expecting the
same beneficial effect. The idea of combining the ingredients flows logically from
the art for having been used for the same purpose. This is a prima facie case of
obviousness.
2The examiner relies on Ziegler for teaching a tanning composition which
comprises DHA and a stearate stabilizer. Answer, p. 4. However, because these
teachings are also provided by Andreadis, we find this reference to be merely cumulative
in the context of the rejection.
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