Appeal No. 2001-1925 Page 4
Application No. 08/677,838
The one relevant portion of the rejection discusses the examples in the
specification, and the results as presented by the Figures of the application of
the nuclease solution to the skin for the reduction of wrinkles. That portion of the
rejection is reproduced below.
Though the specification provides examples were [sic] the
nuclease solution is applied to the skin, the results of these
examples (i.e., the photographs) are equivocal. For instance, in
Figures 1, 2, and 3, it is not possible to accurately assess the
amount of wrinkling present due to the differences in lighting and
facial expression. In this example, the specification states that
Figure 1 is a photograph of a sixty-four year old female before
treatment with the invention, and that Figure 2 is a photograph of
the same woman after treatment. However, upon observation, the
notable differences in the lighting preclude an accurate assessment
of the amount of wrinkling and discoloration. Furthermore, while
the photograph in Figure 3 is a clear, close-up profile shot of the
same woman after treatment, her facial expression is different (i.e.,
not smiling which alone reduces folds around the eyes), and
moreover, the disclosure fails to provide a corresponding before
treatment photograph with which to accurately compare the results.
Likewise, Figures 4, 5, and 6 are ambiguous as well. Figures 4 and
4 are the before treatment photographs of a forty-three year old
female, yet once again, the lighting combined with the distance are
such that no fine details of the skin can be ascertained in Figure 4.
Accordingly, that leaves Figure 5 as the only before treatment
close-up photograph with which to compare to the after treatment
photographs of Figures 6 and 7. Yet, in this photograph (Figure 5)
the woman appears to be squinting, something which she is not
doing in the other photographs (Figures 6 & 7). Consequently, the
absence of the folds present around the eye in Figures 6 and 7
could be the result of her facial expression or the absence thereof
(i.e., no squinting). In addition, the pictures do not even address
the ability of the claimed method to reduce skin discoloration.
Accordingly, the pictures are equivocal and do not support the
notion that the claimed method will in fact reduce wrinkles and
discoloration in the skin.
Answer, pages 3-4.
Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: November 3, 2007