Appeal No. 2006-0230 Page 3
Application No. 09/864,083
DISCUSSION
Gordon:
Claims 1-23 stand rejected under 35 U.S.C. § 103(a) as being obvious
over Gordon.
The examiner finds (Answer, page 3), Gordon “teaches a skin lightening
composition used in the treatment of hyperpigmentation, wherein said
composition comprising a derivative of ascorbic acid such as magnesium
ascorbyl phosphate, [and] hydroquinone.” Specifically, Gordon teach (column 1,
lines 44-51), compositions useful for treating and preventing hyperpigmentation
that are “at least as effective as over the counter hydroquinone preparations, with
dramatically reduced side effects.” According to Gordon (column 1, lines 44 –
column 2, line 5), the compositions comprise (1) tocopherol, or its dermally
available derivatives (such as tocopherol acetate), (2) a derivative of ascorbic
acid (such as ascorbityl palmitate, magnesium ascorbityl phosphate, and
ascorbityl linoleate), and (3) a fatty acid (such as linolenic acid). In addition,
Gordon teach (column 2, lines 66-67), the compositions may optionally include
1.5-4.0% hydroquinone. For clarity, we reproduce claims 1 and 2 of the Gordon
patent below:
1. A composition for the treatment of hyperpigmentation, comprising:
a) tocopherol or a dermally available derivative thereof,
b) a dermally available derivative of ascorbic acid,
c) a C12-C20 fatty acid,
d) a pharmaceutically acceptable carrier and
e) hydroquinone.
2. The composition of claim 1, wherein the derivative of ascorbic acid is
ascorbityl palmitate, ascorbityl linoleate, ascorbityl octanoate, or
magnesium ascorbityl phosphate.
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