Appeal 2007-0321
Application 10/669,547
Claim 7 is essentially directed to a kit for removing hair by the
process of claim 1. The kit has two compositions (a pretreatment
composition that contains 90 to 100% lipophilic material and a depilatory
composition) and carriers for delivering the depilatory composition. The kit
also has instructions that direct the practitioner to apply the skin
pretreatment product to the skin, and then apply the depilatory product over
the area of the skin covered by the pretreatment product.
2. PRIOR ART
The Examiner relies on the following references:
LaHann US 4,546,112 Oct. 8, 1985
Michaels US 3,843,780 Oct. 22, 1974
Orlow US 6,749,840 B2 Jun. 15, 2004
Syed US 5,756,077 May 26, 1998
3. OBVIOUSNESS -- CLAIMS 1-6, 10, 11, AND 16
Claims 1-6, 10, 11, and 16 stand rejected under 35 U.S.C. § 103 as
obvious in view of LaHann and Michaels (Answer 3-6).
The Examiner cites LaHann as teaching “a method of preventing
and/or reducing skin irritation caused by thioglycolate depilatory agent[s] by
applying capsaicin and/or its salts to the . . . area which is, or is about to be,
depilated . . .” (Answer 3). “The reference teaches to formulate the anti-
irritant composition in the form of lotions, creams, or solution, and also
teaches using lipophilic emollients including hydrocarbon oils, silicone oils,
and various natural and synthetic esters” (id.). The Examiner concedes that
“[w]hile the reference generally teaches using an anti-irritant composition in
the form of lotions, creams, solution, or gel, the reference does not teach an
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