The opinion in support of the decision being entered today was not written
for publication and is not binding precedent of the Board.
UNITED STATES PATENT AND TRADEMARK OFFICE
__________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
__________
Ex parte STEWART PATON, and IAN RICHARD SCOTT
__________
Appeal No. 2006-1801
Application No. 10/007,869
__________
ON BRIEF
__________
Before ADAMS, GRIMES, and LEBOVITZ, Administrative Patent Judges.
LEBOVITZ, Administrative Patent Judge.
DECISION ON APPEAL
This appeal involves claims to skin care products containing retinoids and
retinoid boosters. The examiner has rejected the claims as obvious over prior art. We
have jurisdiction under 35 U.S.C. § 134. We reverse the rejection, but enter a new
ground of rejection of all claims as indefinite under 35 U.S.C. § 112, second paragraph.
Background
Retinoic acid is known to be effective in treating a variety of skin conditions,
including acne, wrinkles, psoriasis, and discolorations. Specification, page 1. The
application describes skin care products which contain retinoic acid precursors (retinal,
retinol, and retinyl esters) combined with “retinoid boosters,” compounds known to
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Last modified: November 3, 2007