Appeal No. 2003-0568 Page 4
Application No. 09/264,531
“alpha hydroxy acid” we identified two patents that may be relevant to the
claimed invention. Ha et al. (Ha), United States Patent No. 5,997,887; and
Bershad, United States Patent No. 6,083,963. According to Bershad (column 1,
lines 36-41), “[t]here is presently in use an FDA approved treatment for acne
employing tazarotene topical gel that is marketed by Allergan, Inc. under the
brand name TazoracTM.” In addition, we note that Ha disclose compositions
useful for regulating skin conditions caused by factors such as exposure to sun.
Column 4, lines 8-19. In this regard, we note that the composition includes, inter
alia, tazarotene (column 27, lines 18-19), and glycolic acid (column 28, line 28).
Therefore, upon return of this application to the examiner we recommend
the examiner take a step back to consider the full scope of the claimed invention.
Thereafter the examiner should consider the patents identified above and make
an appropriate updated search of the prior art. In this regard, we encourage the
examiner to document any such search in the appropriate section of the file
wrapper. If, as the result this search, the examiner finds that a rejection should
be made, the examiner should issue an appropriate Office action setting forth
such a rejection, using the proper legal standards and clearly setting forth the
facts relied upon in support.
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