Appeal No. 2003-1020 Page 3
Application No. 08/859,051
to limitations not required by any of the claims, we need not discuss those references
further.
Bonte describes a method of promoting hair growth by topical application of
labdane derivatives or plant extracts containing labdanes. According to the reference,
“activity, which remains weak for certain of these compounds, may be very considerably
potentialized by their incorporation in . . . liposomes” (column 2, lines 37-42). The
examiner does not assert that the labdanes are antiandrogens, but does note that
Bonte mentions a “generic ‘alpha-reductase inhibitor’ . . . deemed to include [the]
instant inhibitor” (Answer, page 4). In this regard, we note Bonte’s disclosure from
column 6, line 59 to column 7, line 8:
According to a variant embodiment, a cosmetic or pharmaceutical,
particularly dermatological composition . . . comprises in addition [to
labdane] at least one other active substance, . . . selected from xanthines,
vitamins, particularly vitamin B’s, tyrosine or its derivatives, . . . quinine or
its derivatives, rubefacients . . . , a supernatant of culture of fibroblasts of
papillae, . . . keratin hydrolysates, oligo-elements such as zinc, selenium,
copper, 5-"-reductase inhibitors such as: progesterone, cyproterone
acetate, Minoxidil, azaleic acid and its derivatives . . . said active
substance possibly being incorporated at least in part in [ ] hydrated lipidic
lamelar phases, notably liposomes.
Rössling describes a method of topically treating androgen-dependent alopecia
with liposome-encapsulated active agents, including anti-androgenic 5-"-reductase
inhibitors. According to Rössling (column 1, lines 41-58):
[A] therapeutically sufficient and uniform rate of penetration of
antiandrogenic active ingredients through the skin [ ] is achieved if the
ingredients are encapsulated in liposomes. Thus, it is possible to provide
topically applicable preparations, which show their action basically on the
peripheral androgen receptors in the area of application. As a result,
systemic side effects are avoided or minimized. Since the active
ingredient is concentrated in the liposomes, it is possible to use small
amounts of the active ingredient and still achieve a high active ingredient
amount concentration at the site of action . . . it is believed that much
higher concentrations of antiandrogen can be achieved in the corium and
connective tissue of the skin using the pharmaceutical preparations . . .
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