Appeal 2007-1144 Application 10/424,616 ordinary skill in the art giving the terms “artificially tanning the skin” and “self-tanning agent” their broadest reasonable meaning would interpret them to encompass any agent that can provide a tanning coloration to the skin in the absence of exposure to the sun. Cernasov discloses “a new cosmetic tanning agent” (Cernasov, col. 1, l. 7), in which “very natural tones [are] achieved by the tanning film” (id. at col. 3, l. 11). Thus, as urged by the Examiner, Cernasov discloses compositions that can provide a tan to the skin in the absence of exposure to the sun; i.e., self-tanning agents. Cernasov also discloses that the tanning composition may contain “moisturizing additives” (id. at abstract; see also col. 6, ll. 16-17 (claim 1)). Cernasov does not disclose cholesterol sulfate as one of the moisturizing additives. However, as discussed above, Bernstein discloses that a skin moisturizing composition that contains sterols “such as cholesterol sulfate” (Bernstein, col. 2, ll. 1-3), “provide[s] unsurpassed protection against and treatment for dry skin conditions” (id. at, col. 1, ll. 38-45). Based on these disclosures, we agree with the Examiner that one of ordinary skill would have recognized that Bernstein’s cholesterol sulfate would be a useful moisturizing ingredient in Cernasov’s artificial tanning product. We therefore affirm the Examiner rejection of claims 13 and 14 as obvious over Cernasov and Bernstein. 11Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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