Ex parte HAYNES et al. - Page 5

          Appeal No. 95-4890                                                          
          Application 08/035,002                                                      

          nevertheless, the examiner invites attention to Example V of                
          Nichols (Answer, pages 3 and 4).  Likewise, applicants focus                
          on Example V of Nichols in the Brief before the Board, pages 5              
          and 6.  We agree with applicants and the examiner that the                  
          Example V composition of Nichols constitutes the closest prior              
          art with respect to composition claim 12.                                   
               In Example V, Nichols discloses an oil-in-water emulsion               
          containing 500 parts by weight liquid petrolatum (oil) where                
          the total composition contains 1,000 parts.  That is, the                   
          Example V emulsion contains 50% by weight oil which meets the               
          terms of claim 12.  Without question, the amount of water in                
          Example V is within the range recited in claim 12 (25% to                   
          98.5% by weight water).  The only remaining question is the                 
          precise percent by weight of collagen solids contained in the               
          oil-in-water emulsion of Example V.                                         
               The collagen dispersion used in Example V is that of                   
          Example I of Nichols.  In Example I, Nichols discloses the                  

                    To one hundred parts of a mass of                                 
                    swollen collagen fibrils, prepared as                             
                    described in Example I of United States                           
                    Patent No. 3,123,482 is slowly added with                         

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