Appeal No. 96-2897
Application 08/050,315
1 Although the Examiner has separately rejected
claims 36-41 under Sections 102(b) and 102(e), the
references upon which the Examiner relies are equivalent.
See, page 2, lines 9-10 of the Office Action of June 5,
1995 (Paper No. 15). Accordingly, for the convenience of
the Board, the appellants respectfully submit that only
one issue is raised in the present appeal.
Accordingly, we shall only review the merits of the examiner’s
rejections of Claims 36-39 under Section 102(e) over
Devissaguet. The rejections of the same claims under Section
102(b) over EP shall stand or fall with the examiner’s
rejections of Claims 36-39 under Section 102(e) over
Devissaguet. Claims 36-39 on appeal are transcribed below:
36. A composition for the treatment of the upper
epidermal layers of the skin, said composition
comprising,
in a carrier suitable for topical application to the
skin,
nanocapsules of a nonbiodegradable polymer encapsulating
an oily phase,
said oily phase, encapsulated in said nanocapsules
of said nonbiodegradable polymer, containing an effective
active oil or an oil having anti-free radical activity,
said nanocapsules of said nonbiodegradable polymer
having a size ranging from 100 to 1,000 nm and being
present in an amount ranging from 0.1 to 20 percent by
weight based on the total weight of said composition.
37. The composition of Claim 36 wherein said
nanocapsules of said nonbiodegradable polymer have a
size ranging from 200 to 800 nm.
38. The composition of Claim 36 wherein said
nanocapsules of said nonbiodegradable polymer are present
in an amount ranging from 0.5 to 10 percent by weight
based on the total weight of said composition.
- 3 -
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: November 3, 2007