Appeal No. 2006-1057
Application No. 10/005,994
the skin. The cream can be readily removed with soap and water. Abstract. Noll
teaches that protective skin compositions may take the form of suspensions, emulsions,
lotions, ointments and aerosol gels that form a film on the skin effective as a topical
barrier. Answer, page 3. These limitations are found in dependent claims 2, and 7-9,
making these claims obvious as well, based on Noll in view of Guck and McAtee. In our
view, claim 1 reads on the prior art of Guck taken with McAtee and Noll.
With respect to dependent claim 13, Guck taken with McAtee teach the topical
skin protective composition recited in independent claim 1. The additional limitations of
claims 3 and 13 are found in Kelly. Kelly teaches that when skin protective agents take
the form of lotions and creams (as described in Noll) it is conventional to add "other
known protective agents, such as fatty acids for protection against dry dust, and
petroleum jelly or waxes for protection against aqueous solutions." Kelly, column 7,
lines 5-26. The examples of Kelly exemplify types of waxes and skin protective
ingredients which may be added to skin protective compositions. Example 3 shows that
a protective lotion containing stearate may also contain glyceryl monostearate,
beeswax, petrolatum and mineral oil. Therefore, it would have been obvious to one of
ordinary skill in the art at the time the invention was made to add additional skin
protective components including beeswax and petrolatum (Kelly) to a skin protective
composition comprising stearate (Guck) for their known protective properties.
Appellant contends that, "there is no recognition in Guck that the surfactant
serves other than in forming the foam" and there is no suggestion other than in
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