Appeal No. 95-4914
Application No. 08/036,116
2) claims 17-21 under 35 U.S.C. § 103 as unpatentable
over de Vringer in view of Snyder.
3) all appealed claims under the first paragraph of 35
U.S.C. § 112, "written description requirement";
4) claims 3 and 30 under the first paragraph of 35 U.S.C.
§ 112, "enablement requirement"; and
5) claims 3 and 22 under the second paragraph of 352
U.S.C. § 112 as indefinite.
THE SUBJECT MATTER ON APPEAL
The subject matter on appeal is directed to a composition
for topical application of either pharmaceuticals or cosmetics
which comprises submicron size droplets having a mean droplet
size in the range of 0.05 to 0.5 microns (50 to 500
nanometers). The droplets are comprised of three basic
components ; about 0.5 to 30% of an oily liquid, about 0.1 to3
2Rather than claim 22, the examiner inadvertently refers
to claim 33 in his answer.
3The relative proportion ranges for the three components
are apparently expressed as weight percents of each component
based on the total weight of an emulsion containing the
droplets. See the specification at page 13, lines 14-16.
However, compare the specification at page 3, lines 15-20.
3
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