Appeal No. 2006-0266 Page 7
Application No. 09/867,235
to explain why the application of the composition set forth in Example 2 of
Rouquet, would not result in enhancing the delivery of the oil-soluble skin care
active (octyl methoxycinnamate) into the skin. Therefore, we find the Robinson
Declaration insufficient to overcome the rejection of record.
For the foregoing reasons, we find no error in the rejection of record.
Accordingly, we affirm the rejection of claim 27 under 35 U.S.C. § 102(b) as
anticipated by Rouquet. As set forth above, claims 28-31 fall together with claim
27.
No time period for taking any subsequent action in connection with this
appeal may be extended under 37 CFR § 1.136(a).
AFFIRMED
)
Toni R. Scheiner )
Administrative Patent Judge )
)
) BOARD OF PATENT
)
Donald E. Adams ) APPEALS AND
Administrative Patent Judge )
) INTERFERENCES
)
)
Lora M. Green )
Administrative Patent Judge )
DEA/jlb
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