Appeal No. 2006-0230 Page 4
Application No. 09/864,083
From the foregoing analysis it appears clear that Gordon teaches
compositions for treating pigment disorders which comprise hydroquinone and a
cationic salt of acidic ascorbyl esters. While appellants’ composition, as claimed,
comprises hydroquinone and a cationic salt of acidic ascorbyl esters, we note
that claimed composition as exemplified in appellants’ specification (paragraphs
32-35), contains tocopherol acetate and linoleic acid. Accordingly, as we
understand it, appellants’ specification discloses a composition comprising (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), (3) a fatty acid (such as linolenic acid) and
hydroquinone. This is the composition taught, and claimed, by Gordon. See
e.g., the formulations set forth in Table 1 (column 2) of Gordon, together with 1.5-
4% hydroquinone as set forth on column 2, lines 66-67 as required by Gordon’s
claim 1.
Claim 1:
Appellants group claims 1 and 4-9 separately from claims 10 and 14-18.
Brief, page 41. Appellants, however, do not provide separate arguments for
claims 10 and 14-18. Therefore, these claims will stand or fall together with the
claims 1 and 4-9. Accordingly, we limit our discussion to representative claim 1.
Claims 4-10 and 14-18 will stand or fall together with claim 1. In re Young, 927
F.2d 588, 590, 18 USPQ2d 1089, 1091 (Fed. Cir. 1991).
1 The Brief is not paginated. Accordingly, for clarity, we refer to the Brief as if it was paginated
consecutively starting with the first page.
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