Appeal No. 2001-1177 Page 13
Application No. 08/781,868
C. The other combinations
The examiner rejected claims 36 and 39-42 as obvious over N’Guyen and
Burke, further combined with Cavazza (claim 36), Piazza (claim 39), Finkenauer
(claim 40), Spector (claim 41), or Otsu (claim 42). These references disclose
each of the additional ingredients recited in the rejected dependent claims.
However, we reverse these rejections because the references do not provide
adequate motivation to combine their respective compositions.
Cavazza discloses compositions comprising acetyl-L-carnitine (see
column 1, lines 8-11 and 28-29) for treating dermatoses such as icthyosis and
psoriasis (column 6, line 66 to column 7, line 3). Piazza discloses compositions
comprising epidermal growth factor (column 12, lines 28-32) for treating
hyperproliferative conditions such as cancer or psoriasis (column 2, lines 23-39).
Finkenauer teaches compositions comprising fibroblast growth factor (column 1,
lines 23-28) for treating wounds (column 1, lines 64-66). Spector teaches
compositions comprising glutathione peroxidase activity for treating cataracts
(column 4, lines 37-44). Otsu teaches compositions comprising cysteine (column
4, line 34) for treating skin diseases and screening UV rays (column 3, lines 1-6.
None of these references is addressed to the problem of skin aging that is
the focus of N’Guyen and Burke. The examiner has not adequately explained
why a person of skill in the art would have combined an ingredient disclosed to
be useful for, e.g., treating psoriasis with other ingredients disclosed to be useful
in treating skin aging.
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