Appeal 2007-2308
Application 10/182,122
flavonoid1, e.g., quercetin2) and sunscreens (a UV filter, e.g. octyl
methoxycinnate3) in a cosmetically acceptable vehicle (excipient) (Answer
3). The Examiner finds that Burger’s composition may be formulated as a
lotion, cream, or gel (Answer 4)4. We note, however, that Burger’s
composition comprises two essential ingredients (1) retinol (vitamin A), a
retinyl ester or mixtures thereof and (2) naringenin or quercetin (Burger, col.
2, ll. 57-59 and col. 3, ll. 24-25). We find that Burger expressly teaches a
formulation comprising retinol (vitamin A), quercetin, octyl
methoxycinnate, perfume, color5, and water6 (Burger, col. 12, ll. 38-55).
The Examiner recognizes, however, that Burger does not teach a
composition comprising phylloquinone (vitamine K1) (Answer 4). We also
note that Burger does not teach a composition comprising 2-hydroxy-5-
methyllaurophenone oxime. The Examiner relies on Bell to make up for this
deficiency in Burger.
In this regard, the Examiner finds that Bell teaches the use of vitamin
K1 as a counterirritant in sunscreen cosmetic compositions (Answer 4).
More specifically, Bell teaches sunscreen compositions that may contain
1 Appellants’ Specification discloses that flavonoids are antioxidants
(Specification 5).
2 Appellants’ Specification discloses that the quercetin is a preferred
flavonoid (Specification 11).
3 Appellants’ Specification discloses octyl methoxycinnamate as a suitable
UV filter for the claimed formulation (Specification 11-12).
4 According to Appellants’ Specification, the formulation of the present
invention may be a gel, cream, or lotion (Specification 14-15).
5 According to Appellants’ Specification, colorants and odor improvers (e.g.
perfumes) are preferred auxiliaries (Specification 15).
6 According to Appellants’ Specification, water is a customary excipient
(Specification 15).
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