Appeal No. 95-4713
Application 07/856,157
Claim 1, which is illustrative of the subject matter on
appeal, reads as follows:
1. A stable, aqueous retinoid composition for topical
application to the skin with slow release of the retinoid and
minimal irritancy to the skin, comprising:
(a) an aqueous medium such that the composition is at
least about 40 weight percent water;
(b) an amount of retinoid effective for treatment of a
skin condition;
(c) an amount of a high molecular weight polyacrylic
acid gelling agent neutralized to a pH of about 3 to 7 effective
to form a gel and hold said retinoid for slow release in said
aqueous medium; and
(d) an amount of antioxidant effective to retard
decomposition of said retinoid in said aqueous medium.
THE REFERENCES
The references relied on by the examiner are:
Marks 4,247,547 Jan. 27, 1981
Vishnupad et al. 4,950,475 Aug. 21, 1990
(Vishnupad)
THE ISSUE
The issue presented for review is whether the examiner erred
in rejecting claims 1 through 3 and 5 through 16 under 35 USC
§ 103 as unpatentable over the combined disclosures of Vishnupad
2
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Last modified: November 3, 2007