Appeal No. 2006-1021 Page 10
Application No. 09/851,882
October 2000. The examiner recognizes, however, that both of these documents
fail to disclose urea, or the amount of coenzyme Q10 in the composition. Id.
With reference to Business Wire, the examiner finds (Answer, page 6), the
coenzyme Q10 technology is used in topical non-prescription formulations as
described in Bertelli. In this regard, the examiner finds Bertelli discloses
pharmaceutical and cosmetic formulations comprising 0.1-10% coenzyme Q10 to
treat damaged and impaired skin tissue. Id. (col. 2, lines 28 - 64). The examiner
recognizes, however, that these references also fail to teach formulations
comprising urea. Id.
To make up for this deficiency, the examiner relies on FDC. According to
the examiner, FDC teaches a composition comprising 5% urea sold under the
tradename Eucerin Plus. Id. In this regard, the examiner finds (id.), “[t]he
reference teaches that the product ‘induces significant improvements in skin
dryness and appearance relative to an untreated control.’”
Based on this evidence, the examiner concludes (id.),
It would have been obvious to one having ordinary skill in the art at
the time the invention was made to have modified the Eucerin anti-
wrinkle treatment composition by adding 5 % of urea as motivated
by Bertelli and FDC Reports, because of an expectation of
successfully producing an enhanced skin treatment composition
which moisturizes and treats damaged and impaired skin. The
motivation to use coenzyme Q10 in the weight amount of 0.1-10 %
by weight of the total composition is found in the combined
teachings of … [P]ress [R]elease, Business Wire, and Bertelli.
To reach appellants’ method claims, the examiner simply asserts (Answer,
page 7), the methods are “obvious uses of the prior art cosmetic compositions.”
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