Appeal No. 2006-1057
Application No. 10/005,994
stearate and polyglyceryl stearate.
The prior art references cited by the examiner are:
Noll 5,725,875 Mar. 10, 1998
McAtee et al. (McAtee) 5,942,238 Aug. 24, 1999
Kelly et al. (Kelly) 3,961,044 June 1, 1976
Guck EP 0 626 167 A2 April 25, 1994
Grounds of Rejection
Claims 1-4, 6-12 and 18 stand rejected under 35 U.S.C. § 103(a) over Noll in
view of Guck as evidenced by McAtee. Claim 13 is also rejected over these references
in further view of Kelly.
We affirm these rejections.
Claim Grouping
Appellant does not argue any claim separately with respect to the 35 U.S.C. §
103 rejection. Therefore, we select claims 1 and 13 as representative of the rejected
claims. 37 C.F.R. ' 41.37(c)(1)(vii) (September 13, 2004).
DISCUSSION
Obviousness
Claims 1-4, 6-12 and 18 stand rejected under 35 U.S.C. § 103(a) over Noll in
view of Guck as evidenced by McAtee. Claim 13 is also rejected over these references
in further view of Kelly.
We begin with claim interpretation. Appellant's claims are broad in scope.
Appellant essentially claims a composition comprising a cosmetic base and 1-10% of a
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