Appeal No. 2001-1025 Page 3
Application No. 09/191,974
the examiner’s reasoning in support of the rejection. We further reference
appellants’ Brief3 for the appellants’ arguments in favor of patentability.
THE REJECTION UNDER 35 U.S.C. § 103:
The examiner directs (Answer, page 3) our attention to Paper No. 104 for
the statement of the rejection. According to the examiner (Final Rejection, page
3) “Hruby discloses topical compositions comprising alpha-MSH5 peptide
analogs, wherein said peptide analogues are useful in stimulating melanocyte
production in adult humans so that darkening of the skin is achieved.” The
examiner finds (id.) that Hadley “teach topical compositions comprising cyclic
peptide analogs of alpha-MSH, wherein said peptide analogs are useful in
achieving darkening of the skin.” However, the examiner recognizes (id.) that
neither Hruby nor Hadley “disclose combining the skin darkening peptides with
additional skin darkening compounds such as those claimed … i.e. theophylline,
dihydroxy acetone and copper gluconate.”
To make up for the deficiencies of Hruby and Hadley, the examiner relies
on Takata and Hubaud. According to the examiner (Final Rejection, page 3)
Takata discloses “self-tanning cosmetic compositions comprising dihydroxy
acetone and a polymer … [and Hubaud], which discloses skin tanning
3 Paper No. 16, received April 24, 2000.
4 Final Rejection, mailed October 25, 1999.
5 Also known as alpha-melanotropin or alphamelanocyte stimulating hormone, a tridecapeptide of
the formula: Ac-Ser-Tyr-Ser-Met-Glu-His-Phe-Arg-Trp-Gly-Lys-Pro-Val-NH2. See Hruby column
1.
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