Ex Parte Slavtcheff et al - Page 2

                Appeal 2007-0321                                                                                 
                Application 10/669,547                                                                           

                thioglycolates typically formulated at high pH.  Effectiveness requires                          
                prolonged residence time on the skin, generally for greater than four                            
                minutes” (Specification 1).  Because of the conditions used in chemical hair                     
                removal, “[s]ignificant irritation and inflammatory response can arise from                      
                the procedure, particularly experienced by those with sensitive skin” (id.).                     
                       The Specification discloses that “the irritation associated with                          
                chemical depilation of hair can be reduced or eliminated without loss of                         
                efficiency.  Pretreatment of the depilation area with lipophilic materials                       
                significantly protects skin from redness/erythema” (id. at 4).  The                              
                Specification discloses that “[d]espite an underlying layer of the lipophilic                    
                material, chemical reaction by the keratin degrading actives remains                             
                unimpeded.  The desired hair removal is achieved without extending                               
                residence time of the actives” (id.).                                                            
                       The Specification discloses that useful lipophilic materials “include                     
                oils such as hydrocarbons, natural or synthetic esters and silicones. Among                      
                the hydrocarbons suitable examples are mineral oil, isoparaffins, petroleum                      
                jelly (petrolatum), polymerized olefins (e.g. polybutenes, polydecenes,                          
                isohexadecane) and combinations thereof” (id.).                                                  
                                                DISCUSSION                                                       
                1.  CLAIMS                                                                                       
                       Claims 1-17 are pending and on appeal.  Claims 1 and 7 are                                
                representative and read as follows:                                                              
                       Claim 1.  A method for removing hair comprising:                                          
                             (i) applying to an area of skin from which hair is to be                            
                                    removed a skin pretreatment composition that                                 
                                    comprises from 90 to 100% of lipophilic materials                            
                                    by weight of the pretreatment composition; and                               

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