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).
6
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: September 9, 2013