Ex Parte Bott et al - Page 3

                 Appeal 2007-0851                                                                                      
                 Application 10/385,213                                                                                

                                      said internal phase is an aqueous phase emulsion in said                         
                 external phase; and                                                                                   
                                      said external phase comprises a silicone matrix.                                 
                 3. The topical preparation as claimed in claim 1 wherein said droplets                                
                 are from about 0.1 µm to about 2000 µm in diameter.                                                   
                 22. The topical preparation as claimed in claim 1 wherein said at least one                           
                 hydrophilic component is selected from polyvinyl alcohol and                                          
                 polyvinylpyrrolidone and combinations thereof.                                                        
                 31. The topical preparation as claimed in claim 1 wherein said internal                               
                 phase and said external phase are selected such that said topical preparation                         
                 comprises a topical dressing, and wherein said topical dressing comprises a                           
                 patch.                                                                                                
                        Thus, we interpret claim 1 to be directed to a topical preparation                             
                 comprising an external phase comprising a silicone matrix and an internal                             
                 phase comprising droplets comprising a hydrophilic carrier, another                                   
                 hydrophilic component, and an active agent.                                                           
                        The term “active agent” is defined in the Specification “as referring to                       
                 proteins, and in particular to enzymes” (Specification 5)  “Proteins” are                             
                 defined as including enzymes, polypeptides, and peptides (id. at 7).                                  
                        The term “hydrophilic carrier” is defined in the Specification “as                             
                 referring to at least one component of a phase of the preparations of the                             
                 present invention that acts as the solvent for the active agents” (id. at 6-7).                       
                 Thus, the hydrophilic carrier is hydrophilic and acts as a solvent.                                   
                        The term “hydrophilic component” is defined in the Specification as a                          
                 “component added to the mixture of the hydrophilic carrier and active agent                           


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