Appeal No. 2006-0185 Page 3
Application No. 10/159,253
Thus, claim 1 is directed to a personal care absorbent article, e.g., a wipe or
wound dressing, comprising a substrate and an isoprenoid compound, e.g., farnesol,
applied to a skin-contacting surface of the substrate in an amount effective to inhibit
pathogenic fungi, e.g., Candida albicans, from attaching to skin. The specification states
that an effective amount of the isoprenoid compound in solution is a concentration of
between about 0.001% and about 2% by weight of the solution.
2. Double Patenting
The examiner provisionally rejected claims 1, 3-6, 8-24, and 26-57 for
obviousness-type double-patenting over claims 1-109 of Syverson1 in view of DiPippo.2
Because independent claim 1 of Syverson has been amended to require an isoprenoid
compound and myreth-3-myristate, the examiner’s rationale for the rejection no longer
applies. Thus, we vacate the rejection for obviousness-type double-patenting.
3. Obviousness in view of Piccini and Johnson
The examiner rejected claims 1, 3-6, 8-24, and 26-57 under 35 U.S.C. § 103 as
obvious over Piccini3 and Johnson.4 Piccini teaches a disinfecting wipe that “comprises
a substrate and a disinfecting agent.” Column 3, lines 12-14. Piccini also teaches that
the “disinfecting wipes…allow significant reduction in the amount of bacteria on an
infected surface. Indeed, effective disinfecting may be obtained on various micro-
organisms including…more resistant micro-organisms like fungi (e.g., Candida albicans)
1 Syverson et al., copending Application No. 09/969,199.
2 DiPippo et al., U.S. Patent 5,753,257, issued May 19, 1998.
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