Ex Parte Tyrrell et al - Page 6

                 Appeal 2007-0326                                                                                      
                 Application 09/746,888                                                                                

                            included in the lotion formulation, such as antimicrobial actives                          
                            and “biological additives” to enhance the performance or                                   
                            consumer appeal of the product (col. 11, ll. 24-60);                                       
                        (4) Klofta discloses an anhydrous lotion composition for killing                               
                            viruses and bacteria in addition to imparting a soft, lubricious                           
                            lotion-like feel when applied to tissue paper; Klofta desires a                            
                            lotion that is mild to skin, possesses a soft, lubricious feel,                            
                            provides skin benefits, acts as a protective barrier, and easily                           
                            transfers to the skin so that less lotion composition is required                          
                            (Abstract; col. 4, ll. 26-49; col. 10, ll. 6-49; and the Answer 7);                        
                        (5) Klofta teaches that these anhydrous lotions “tend to be mild to the                        
                            skin thus mitigating the potential for skin irritation;” it is desirable                   
                            to use ingredients that are as mild as possible, even more desirable                       
                            to use ingredients that might provide a skin benefit (col. 1, ll. 23-                      
                            25; and col. 2, ll. 37-40);                                                                
                        (6) Klofta discloses skin compositions including hydrophilic solvents,                         
                            high molecular weight polyethylene glycol, a fatty alcohol, a fatty                        
                            acid, and “natural essential oils” (Abstract; col. 4, l. 50-col. 5, l.                     
                            28; col. 10, ll. 6-49; col. 11, ll. 9-15; col. 16, l. 31-col. 27, l. 37;                   
                            and the Answer 4);                                                                         
                        (7) Kropf teaches the “caring and protective effect” of sterols in skin                        
                            cosmetics, providing many benefits to the skin, and the improved                           
                            absorption of sterols in the form of nanoparticles (col. 1, ll. 20-62;                     
                            and the Answer 5);                                                                         



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