Appeal 2007-1144
Application 10/424,616
Thus, claim 14 is directed a composition containing cholesterol sulfate
and a self-tanning agent, and claim 13 is directed to a method of artificially
tanning the skin using such a composition.
Claim 15 limits the self-tanning agent in claim 14’s composition to
DHA (dihydroxyacetone). Claim 16 adds an imidazole to the DHA-
containing composition of claim 15.
2. PRIOR ART
The Examiner relies on the following references:
Bernstein US 5,508,034 Apr. 16, 1996
Miklean US 5,705,145 Jan. 6, 1998
Cernasov US 5,976,519 Nov. 2, 1999
3. OBVIOUSNESS -- MIKLEAN AND BERNSTEIN
Claims 13-16 stand rejected under 35 U.S.C. § 103 as obvious in view
of Miklean and Bernstein (Answer 3).
The Examiner cites Miklean as “teach[ing] skin tanning compositions
containing dihydroxyacetone and imidazole as the tanning agents and
moisturizers” (id.). The Examiner concedes that “[w]hat is lacking in
Miklean is the teaching that the moisturizing agent is cholesterol sulfate”
(id.).
To meet this deficiency, the Examiner cites Bernstein as “advocat[ing]
the use of either cholesterol or cholesterol sulfate as moisturizing agents in
the treatment of dry skin” (id.). Based on these teachings, the Examiner
concludes that one of ordinary skill would have considered it obvious to use
cholesterol sulfate as the moisturizing agent in the skin tanning compositions
of Miklean “since Bernstein teaches that sterols and sterol esters are
naturally occurring in stratum corneum of the skin and they form a water
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