Appeal No. 2006-3372
Application No. 10/454,521
Therefore, it would have been obvious to one of ordinary skill in the
art at the time the invention was made to use a fatty acid ester of vitamin C,
such as ascorbyl palmitate, in the lipoic acid, α-hydroxy acid composition
taught by McAtee because McAtee specifically teaches that vitamin C or its
derivatives may be used in the composition, and Duffy teaches that the use
of a vitamin C derivative, such as ascorbyl palmitate, decreases the skin
irritation caused by the topical administration of an active ingredient such as
α-hydroxy acids.
TIME PERIOD FOR RESPONSE
Regarding the affirmed rejections, 37 CFR § 41.52(a)(1) provides that
“Appellant may file a single request for rehearing within two months from
the date of the original decision of the Board.”
In addition to affirming the examiner's rejection(s) of one or more
claims, this decision contains a new ground of rejection pursuant to 37 CFR
§ 41.50(b) (effective September 13, 2004, 69 Fed. Reg. 49960 (August 12,
2004), 1286 Off. Gaz. Pat. Office 21 (September 7, 2004)). 37 CFR
§ 41.50(b) provides: “A new ground of rejection pursuant to this paragraph
shall not be considered final for judicial review.”
37 CFR § 41.50(b) also provides that the appellant, WITHIN TWO
MONTHS FROM THE DATE OF THE DECISION, must exercise one of
the following two options with respect to the new ground of rejection to
avoid termination of the appeal as to the rejected claims:
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