Appeal No. 2001-1025 Page 2
Application No. 09/191,974
Claim 10 is illustrative of the subject matter on appeal and is reproduced
below:
10. A cosmetic composition comprising:
(i) From 0.1 to 10%f by weight of a peptide having an
isoelectric point ranging from 6 to 11;
(ii) an effective amount for tanning of an agent selected from
the group consisting of dihydroxy acetone, theophylline,
copper gluconate, and natural actives obtained from
Pterocarpus santalinus; and
(iii) a cosmetically compatible carrier.
The references relied upon by the examiner are:
Hruby et al. (Hruby) 4,918,055 Apr. 17, 1990
Hubaud et al. (Hubaud) 5,075,102 Dec. 24, 1991
Takata et al. (Takata) 5,620,681 Apr. 15, 1997
Hadley et al. (Hadley) 5,683,981 Nov. 4, 1997
GROUND OF REJECTION1
Claims 10-13 and 16-19 stand rejected under 35 U.S.C. § 103 as obvious
over Hruby or Hadley in view of Takata and Hubaud.
We reverse.
DISCUSSION
In reaching our decision in this appeal, we considered appellants’
specification and claims, in addition to the respective positions articulated by the
appellants and the examiner. We make reference to the examiner’s Answer2 for
1 We note the examiner did not repeat the objections of claims 14, 15, 20 and 21 as set forth in
the Final Office Action. Therefore the objections of claims 14, 15, 20 and 21 have been
withdrawn, as a matter of standard procedure. Cf. Paperless Accounting, Inc. v. Bay Area Rapid
Transit Sys., 804 F.2d 659, 663, 231 USPQ 649, 651-652 (Fed. Cir. 1986), cert. denied, 480 U.S.
933 (1987).
2 Paper No. 17, mailed July 5, 2000.
Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: November 3, 2007