Ex Parte Bott et al - Page 8

                 Appeal 2007-0851                                                                                      
                 Application 10/385,213                                                                                

                 silicone polymer” and then cross-linking the silicone polymer “leaving                                
                 microsealed compartments filled with hydrophilic solvent--water--and                                  
                 pharmaceutical throughout the matrix” (id. at col. 2, ll. 61-67).  Thus,                              
                 Chien’s composition is an aqueous phase emulsion in a silicone matrix.                                
                        Powell describes a “silicone emulsion compris[ing] a silicone phase                            
                 . . . and an organic phase, comprising an organic liquid,” the organic phase                          
                 comprising up to 50 parts by weight (pbw) water per 100 pbw of the organic                            
                 phase (Powell, col. 3, ll. 13-28).  Powell teaches that the emulsions                                 
                 preferably contain a discontinuous organic phase in a continuous silicone                             
                 phase (id. at col. 3, ll. 29-34).  Powell also describes cosmetic compositions                        
                 comprising this silicone emulsion and “components, such as . . . hormones,                            
                 enzymes, medicinal compounds, anti-microbial agents, anti-fungal agents,                              
                 [and] vitamins. . . .” (id. at col. 17, ll. 28-36).  In particular, Powell describes                  
                 a personal care composition comprising the silicone emulsion “and one or                              
                 more water-sensitive dermatological active agents or cosmetic active agents,                          
                 such as for example . . . an enzyme” (id. at col. 16, l. 64, to col. 17, l. 1).                       
                        We agree with the Examiner that it would have been obvious to                                  
                 include enzymes, as described in Powell, in the silicone polymer matrix                               
                 described in Chien.  In particular, based on the teaching in Chien that a                             
                 “wide variety of pharmaceuticals may be administered” by its composition                              
                 (id. at col. 4, ll. 62-63) and the teaching in Powell that enzymes, as well as                        
                 several of the types of compounds specifically described in Chien including                           
                 hormones, can be administered in a silicone emulsion (id. at col. 17, ll. 28-                         
                 36), we agree that one of ordinary skill in the art would have been motivated                         
                 to include enzymes in the silicone matrix described in Chien, and would                               


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