Appeal No. 2005-2743 Page 2
Application No. 09/847,388
chlortetracycline and its salts; oxytetracycline and its salts; clindamycin
and its salts; ethambutol and its salts; hexamidine isethionate;
metronidazole and its salts; pentamidine and its salts; gentamicin and its
salts; kanamycin and its salts; lineomycin and its salts; methacycline and
its salts; methenamine and its salts; minocycline and its salts; neomycin
and its salts; netilmicin and its salts; paromomycin and its salts;
streptomycin and its salts; tobramycin and its salts; miconazole and its
salts; amantadine salts; para-chloro-metaxylenol; nystatin; tolnaftate; 3-
hydroxybenzoic acid and its salts; 4-hydroxybenzoic acid and its salts; 2-
hydroxybutanoic acid and its salts; 2-hydroxypentanoic acid and its salts;
2-hydroxyhexanoic acid and its salts; phytic acid and its salts; N-acetyl-L-
cysteine acid and its salts; lipoic acid and its salts; azelaic acid and its
salts; arachidonic acid and its salts; ibuprofen; naproxen; hydrocortisone;
acetaminophen; resorcinol; octopirox; lidocaine hydrochloride;
clotrimazole; 10-hydroxy-2-decanoic acid and its salts; zinc gluconate;
plant extracts from the ericacea family; sulphur-rich plant extracts; and
mixtures thereof.
The references relied upon by the examiner are:
Sebillotte-Arnaud 5,814,322 Sep. 29, 1998
Castro et al. (Castro) 6,306,407 Oct. 23, 2001
GROUND OF REJECTION
Claims 1, 3-20, 35, 36 and 43-47 stand rejected under 35 U.S.C. 103(a)
as being unpatentable over Castro in view of Sebillotte-Arnaud.
We reverse.
DISCUSSION
According to the examiner (Final Rejection2, page 2), Castro teaches a
cosmetic or pharmaceutical composition comprising fibers. In this regard, the
examiner finds (id., emphasis removed), “when applied to the skin[, the
composition,] provides a layer of fibers having moisture and oil regulating
2 The Final Rejection was mailed August 19, 2003.
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