Appeal No. 2006-2248
Application No. 10/158,618
[I]t would have been obvious to one of ordinary skill in the art at the
time the invention was made to prepare [Granger’s example 4] and
add the specific fatty alcohol ester [octyl hydroxyl stearate] expecting
beneficial effect, i.e. the compositions [would] exhibit better
emolliency.
29. In due course, Applicants filed an amendment responding to the
Examiner's first Office action.
30. As shown in Appendix 2 of this opinion, the amendment:
(1) added new claim 11 and
(2) amended claims 1 and 5,
31. New independent claim 11 covers a very specific embodiment
of the compounds covered by claim 1. After entry of the amendment, the
application claims were 1-11.
32. In the amendment, Applicants stated as follows:
Applicant’s invention is directed to retinoid compositions which have a low
irritation profile. As amended, Applicant’s invention claims a retinoid
composition having a pH from about 4 to about 7. Felty neither teaches or
suggests a retinoid composition having a pH from about 4 to about 7 or a
retinoid composition which have a low irritation profile (the bottom of page
6 and top of page 7).
33. In the amendment, Applicants also stated as follows:
Granger neither teaches nor suggests a retinoid composition having a
specific pH range (page 7).
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