Appeal No. 95-4890
Application 08/035,002
nevertheless, the examiner invites attention to Example V of
Nichols (Answer, pages 3 and 4). Likewise, applicants focus
on Example V of Nichols in the Brief before the Board, pages 5
and 6. We agree with applicants and the examiner that the
Example V composition of Nichols constitutes the closest prior
art with respect to composition claim 12.
In Example V, Nichols discloses an oil-in-water emulsion
containing 500 parts by weight liquid petrolatum (oil) where
the total composition contains 1,000 parts. That is, the
Example V emulsion contains 50% by weight oil which meets the
terms of claim 12. Without question, the amount of water in
Example V is within the range recited in claim 12 (25% to
98.5% by weight water). The only remaining question is the
precise percent by weight of collagen solids contained in the
oil-in-water emulsion of Example V.
The collagen dispersion used in Example V is that of
Example I of Nichols. In Example I, Nichols discloses the
following:
To one hundred parts of a mass of
swollen collagen fibrils, prepared as
described in Example I of United States
Patent No. 3,123,482 is slowly added with
5
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