Appeal No. 1999-1321
Application No. 08/625,495
(b) at least one alcohol being present at a concentration in a range of
from about 20% to about 60% volume per volume; and
(c) at least one ingredient selected from the group consisting of fixed
oil and emollient ester of fatty acid derived from vegetable oils, said at least one
ingredient being present at a concentration in a range of from about 10% to
about 60% volume per volume.
The examiner relies on the following references:
Stoltz 5,455,055 Oct. 3, 1995
United Kingdom Patent Application
Melnicake 1 574 609 Jul. 6, 1976
Joanides 2 228 411 Aug. 29, 1990
Claims 1-5, 7, 9, 14, 17, and 18 stand rejected under 35 U.S.C. § 112, first
paragraph, as not supported by an adequate written description.
Claims 1-5, 7, 9, 14, 17, and 18 also stand rejected under 35 U.S.C. § 103
as obvious over Stoltz, Joanides, and Melnicake.
We reverse both rejections.
Background
The claims are directed to a composition comprising a “volatile oil,” an
alcohol, and a “fixed oil [or] emollient ester of fatty acid derived from vegetable
oils.” The specification discloses that volatile oils have been used as a treatment
for lice (page 2, lines 4-5). However, volatile oils are rather expensive and pure
volatile oils tend to cause a burning sensation and erythema when the y are
applied to skin. Page 2, line 21 to page 3, line 2. Diluting the volatile oil with
fixed oil reduces both the side-effects and the potency, while diluting the volatile
oil with alcohol retains the potency but also the side-effects. Page 3, lines 2-9.
2
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