Appeal 2007-2308
Application 10/182,122
INTRODUCTION
Claim 1 is illustrative:
1. In a cosmetic or dermatological formulation comprising
auxiliaries and/or excipients and one or more active ingredients
selected from phylloquinone, and 2-hydroxy-5-methyllaurophenone
oxime, the improvement wherein said formulation further comprises
(a) one or more antioxidants
and/or
(b) one or more UV filters.
The Examiner relies on the following prior art references to show
unpatentability:
Burger 5,665,367 Sep. 9, 1997
Bell 6,007,797 Dec. 28, 1999
The rejection as presented by the Examiner is as follows:
1. Claims 1, 2, 4-7, 9-16, 20-23, 25, and 27-29 stand rejected under
35 U.S.C. § 103 as unpatentable over the combination of Burger and Bell.
We reverse.
DISCUSSION
Claim 1 is drawn to a cosmetic or dermatological formulation that
comprises three components: (1) auxiliaries and/or excipients, (2)
phylloquinone (vitamin K1) and/or 2-hydroxy-5-methyllaurophenone oxime,
and (3) one or more an antioxidants and/or UV filters. The Examiner finds
that Burger teaches a skin care composition that comprises an antioxidant (a
2
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