Appeal No. 2006-3372 Application No. 10/454,521 long laundry lists of ingredients: Rather, McAtee discloses compositions comprising lipoic acid and glycolic acid and mixtures thereof, in which the list containing those claimed ingredients contains only 18 additional skin care actives. Finally, given that short list of skin care actives and mixtures thereof, as referenced above, the fact that there is no specific example of a composition comprising both glycolic acid and lipoic acid does not teach away from the composition of claim 1. A reference need not have described an actual reduction to practice of an invention in order to serve as an anticipatory reference. See In re Siveramakrishnan, 673 F.2d 1383, 1384, 213 USPQ 441, 442 (CCPA 1982); In re Donohue, 766 F.2d 531, 533, 226 USPQ 619, 621 (Fed. Cir. 1985). Rejection of Claims 1-8 and 10-12 under 35 U.S.C. § 103(a) over McAtee As we have affirmed the rejection of claims 1-8, 11, and 12 under 35 U.S.C. § 102(a) as being anticipated by McAtee, we address the rejection only as it relates to claim 10.3 Claim 10 is drawn to the composition according to claim 1, wherein the composition further comprises a fatty acid ester of ascorbic acid. McAtee is relied upon as above (Answer 5). As to claim 10, the examiner notes that claim 10 requires an ester of Vitamin C, and that McAtee teaches the use of Vitamin C to treat acne, although not in esterified form. Id. at 6. 3 We note that Appellant argues claim 12 separately in the Reply Brief dated November 19, 2006, but as Appellant did not present those arguments originally in the Brief, we need not address them here. See 37 CFR § 41.37 (c)(1)(vii) (2006). 6Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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