Appeal No. 2005-0976 Page 5
Application No. 10/203,228
OTHER ISSUES
Upon return of the application, there are two additional issues the
examiner may wish to consider.
First, on page 2 of the instant specification, appellants state that Waltheria
indica is a known skin whitening agent. That statement by appellants does not
appear to have been explored on the record as whether or not it may be
considered an admission of fact.
Second, The Bartolone reference teaches that the disclosed skin
lightening compositions, which may include kojic acid, ascorbic acid, or ferulic
acid, may also comprise antiaging compounds. See Bartolone, Col. 2, lines 38.
Pauly then teaches that Waltheria indica extract may be used in an antiaging
cosmetic composition. See Pauly, col. 15, example 5. The examiner may wish
to explore whether that comprises a sufficient motivation to combine the
references.
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