Appeal No. 2005-0149 Page ~ PAGE ~2~
Application No. 10/214,632
(B) a second composition within a second chamber of the dual-
chamber package, the second composition comprising:
(i) from about 0.5 to about 4% of stearic acid by weight of the
second composition;
(ii) from about 0.01 to about 10% of a skin lightening agent
by weight of the second composition; and
wherein the stearic acid is present in a higher amount in the first than in
the second composition.
The references relied upon by the examiner are:
Mathur 4,096,240 Jun. 20, 1978
Suares et al. (Suares) 5,914,116 Jun. 22, 1999
GROUND OF REJECTION
Claims 1-3, 5 and 6 stand rejected under 35 U.S.C. § 103(a) as being
unpatentable over Mathur in view of Suares.
We reverse.
DISCUSSION
As we understand the invention, the claimed “cosmetic skin lightening
product” is a dual chamber package that comprises skin lightening compositions,
wherein the skin lightening composition present in the first chamber contains a
higher amount of stearic acid than the skin lightening composition present in the
second chamber of the dual chamber package. See Brief, bridging paragraph,
pages 3-4.
According to the examiner (Answer, page 3), Mathur teaches a skin
lightening composition comprising 0.1-10% by weight niacinamide (a skin
lightening agent), and 15% by weight stearic acid. In this regard, we note that
Mathur exemplifies a “cosmetic cream” comprising 15 % by weight stearic acid,
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