Ex Parte Jacobs et al - Page 3

              Appeal 2007-0539                                                                     
              Application 10/264,026                                                               

                    20. The pseudopterosin composition of claim 14, and further                    
              comprising a cosmetically acceptable carrier.                                        
                    33. An extract of non-animal origin comprising at least one                    
              pseudopterosin compound in a concentration that is higher than                       
              pseudopterosin concentrations in coral extracts.                                     
                    36. The pseudopterosin composition of claim 14, wherein the                    
              Symbiodinium spp. symbiont belongs to phylotype B1.                                  
                    42. The pseudopterosin composition of claim 14, wherein the                    
              pseudopterosin compound is selected from the group consisting of                     
              pseudopterosins, seco- pseudopterosins, diterpene aglycones, tricyclic               
              diterpenes, and derivatives thereof.                                                 
                    As defined in the Specification, the term “‘pseudopterosin                     
              compounds’ include[s] natural and synthetic pseudopterosins, seco-                   
              pseudopterosins, diterpene aglycones, and tricyclic diterpenes” (Spec. ¶ 27).        
              “Derivatives of pseudopterosin compounds include compounds that have                 
              chemical structures and activities that are similar to those compounds               
              produced by, synthesized in, or isolated from Symbiodinium spp. symbionts            
              or hosts thereof” (id. at ¶ 28), and “may be synthesized by derivatizing the         
              various naturally occurring pseudopterosins . . . which are isolated from            
              Symbiodinium hosts” (id.).                                                           
                    According to the Specification, “[the] distribution of the various             
              pseudopterosin compounds is likely the result of different environmental             
              conditions of the areas in which the hosts and symbionts are located” (id. at        
              ¶ 32), and “[t]he symbionts may be the same or different” (id.).  “Thus, . . .       
              different pseudopterosin compounds from a variety of symbionts . . . may be          
              obtained according to the present invention” (id.).  For example, “extracts of       


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