Appeal No. 2006-0729 Page 5
Application No. 10/322,566
triglycerides. Specification, page 4, lines 1-5. In addition, and in contrast to the
hydrolysis of sebum triglycerides, the hydrolysis of ethyllinoleate and
triethylcitrate results in the reduction of inflammatory pathologies associated with
seborrhea and acne. Specification, page 4, lines 20-23.
Therefore, as we understand it, an additive that would affect the basic and
novel properties of the claimed composition would interfere with the hydrolysis, or
the effect2 of the hydrolysis, of ethyllinoleate and triethylcitrate. Reading
appellant’s disclosure, one class of compounds that would affect the basic and
novel properties of the claimed composition would be triglycerides, which are
normally found in sebum and upon hydrolysis cause skin irritation and
inflammation. See e.g., Specification, page 4, lines 1-5 and 20-23, and Brief,
page 22. While the examiner has asserted that the “additives” set forth in claim
18 and 22 may affect the basic and novel properties of appellant’s claimed
composition, the examiner provides no evidence to support this assertion. In
addition, we note that appellant has provided evidence (see Brief, pages 10-22,
and Evidence Appendix) that the compounds listed in claims 18 and 22 are
known to be used topically “for treating and improving the aesthetic condition of
skin.”
On reflection, we find the weight of the evidence falls with appellant.
Accordingly, we reverse the rejection of claims 18 and 22 under 35 U.S.C. § 112,
second paragraph.
2 The reduction of inflammatory pathologies associated with seborrhea and acne.
Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: November 3, 2007