Appeal No. 95-5076
Application 08/079,220
WILLIAM F. SMITH, Administrative Patent Judge.
DECISION ON APPEAL
This is an appeal under 35 U.S.C. § 134 from the final rejection of claims 1 through
3, 5, 7 through 12, and 14 through 20, all the claims pending in the application.
Claims 1 and 12 are illustrative of the subject matter on appeal and read as follows:
1. A topical composition comprising solid particles containing a continuous
noncollapsible network of pores open to the exterior of said particles, wherein said beads
[sic, particles] are composed of a copolymer consisting of cross-linked monoethylenically
unsaturated monomers and polyethylenically unsaturated monomers having a cross-linking
density from 20% to 80% and are spherical in shape and have an average diameter of
about one micron to about 100 microns, have a total pore volume of about 0.01 cc/g to
2 2
about 4.0 cc/g, have a surface area of about 1 m /g to about 500 m /g, and have an
average pore diameter of about 0.001 micron to about 3.0 microns wherein said
monomers are free from reactive functionalities, and an impregnant comprising retinoic
acid retained inside said pores in an amount effective to promote skin repair.
12. A method for topically applying retinoic acid to an epidermal region, said
method comprising applying to said epidermal region a topical composition comprising
solid particles containing a noncollapsible, continuous network of pores open to the
exterior of said particles, wherein said beads [sic, particles] are composed of a copolymer
consisting of cross-linked monoethylenically unsaturated monomers and polyethylenically
unsaturated monomers having a cross-linking density from 20% to 80% and are spherical
in shape and have an average diameter of about one micron to about 100 microns, have a
2
total pore volume of about 0.01 cc/g to about 4.0 cc/g, have a surface area of about l m /g
2
to about 500 m /g, and have an average pore diameter of about 0.001 micron to about 3.0
microns wherein said monomers are free from reactive functionalities, and an impregnant
comprising retinoic acid retained inside said pores in an amount effective to promote skin
repair, wherein presence of the retinoic acid within the pores reduces irritancy when
compared to application of the same amount of free retinoic acid without loss of skin
repair promotion activity.
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