Appeal No. 2005-0095
Application No. 10/127,776
(iii) from about 0.1 to about 10% of a surfactant system to stably
disperse the sunscreen phase within the water phase.
The specification discloses “within the sunscreen phase will be an
organic sunscreen agent present in amount of at least about 25%,
preferably from about 25 to 98%, optimally from about 30 to about 60% by
weight of the sunscreen phase.” (Specification, p. 6). The specification
does not indicate the other components which are suitable for inclusion in
the sunscreen phase.
The Examiner rejected claims 1 to 7, 9 and 10 under 35 U.S.C. 103(a)
as obvious over the combined teachings of Niedbala and Tsuntsugu. We
select claim 1 as representative of the rejected claims.2
According to the Examiner, Niedbala teaches a fibrous sheet, i.e.,
cosmetic towelette, which is impregnated with a low viscosity cosmetic
composition that comprises a water phase, a sunscreen phase that is
immiscible with the water phase and a surfactant system. (Answer, p. 3).
The Examiner asserts that the invention of Niedbala differs from the subject
matter of claim 1 in the amount of sunscreen phase and the amount of
2 In determining the patentability of claim 1 we do not need to discuss
the Tsunetsugu reference.
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