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.
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