Appeal No. 1997-2436
Application No. 08/232,014
Claims 21, 22, and 36-43 stand rejected under the judicially created doctrine of
obvious-type double patenting over claims 1-4 and 6-9 of Huc.
We vacate all of the rejections in view of the new ground of rejection under 37 CFR §
1.196(b) set forth infra.
Background
The applicants describe the invention at page 4 of the specification as being
directed to a process for the production of capsules or particles of very small dimensions,
called nanocapsules or nanoparticles, having crosslinked protein-based walls, which
comprises preparing a very fine emulsion of the protein, either of the water-in-oil or oil-in-
water type, and forming said nanocapsules by carrying out an interfacial crosslinking
reaction with a crosslinking agent having reactive groups capable of reacting with the
reactive groups of the protein. The nanocapsules or nanoparticles thus formed are stated
to be useful in cosmetic, pharmaceutical and food compositions and provide a slow or
delayed release of the active principle encapsulated therein.
Discussion
Opinion
In considering the issues raised by this appeal we have carefully considered the
positions of the examiner as set forth in the Examiner's Answer and the applicants'
position as set forth in the principal Appeal Brief and the subsequently filed Reply Brief. In
addition, it became apparent during the presentation at the oral argument of
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