Ex Parte Tyrrell et al - Page 5

                    Appeal 2007-0042                                                                                                         
                    Application 09/746,880                                                                                                   

                                 provides improved skin health (Abstract; col. 1, ll. 48-53; and col.                                        
                                 2, ll. 23-25);                                                                                              
                             (3) Krzysik teaches that the emollient acts as a lubricant to reduce the                                        
                                 abrasiveness of the bodyside liner to the skin, the wax functions as                                        
                                 an immobilizing agent for the emollient and any active ingredient                                           
                                 to reduce the tendency to migrate, and the viscosity enhancer                                               
                                 increases the viscosity to help stabilize the formulation on the                                            
                                 bodyfacing surface of the liner to reduce migration and improve                                             
                                 transfer to the wearer’s skin (col. 9, ll. 42-45; col. 10, ll. 8-13; and                                    
                                 col. 10, ll. 48-51);                                                                                        
                             (4) Krzysik teaches that many other conventional additives may be                                               
                                 used in the lotion formulation, including antimicrobial actives (col.                                       
                                 11, ll. 24-60; and the Answer 5);                                                                           
                             (5) Beerse teaches antimicrobial compositions that may be applied to                                            
                                 an absorbent article carrier in a lotion or ointment, which lotion or                                       
                                 ointment may contain the antimicrobial actives, an emollient, and                                           
                                 a thickening agent (col. 9, ll. 4-17; col. 18, ll. 42-61; and col. 19,                                      
                                 ll. 4-15; Answer 4);                                                                                        
                             (6) Beerse teaches various well known thickening agents in the lotion                                           
                                 art, including polysaccharides and polyacrylamides (col. 36, l. 54-                                         
                                 col. 38, l. 31; Answer 4); and                                                                              
                             (7) Beerse exemplifies water-free lotion compositions (col. 57, ll. 12-                                         
                                 23).                                                                                                        
                             Where the claimed subject matter has been rejected as obvious in                                                
                    view of a combination of prior art references, a proper analysis under § 103                                             


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