Appeal No. 2003-1428 Page 7
Application No. 09/468,777
Pillai teaches a composition comprising:
(i) from about 0.000001% to about 10 wt. % of 25-OH-D3;
(ii) from about 0.0001% to about 50 wt. % of a lipid material
selected from the group consisting of ceramides, pseudoceramides,
neoceramides, and mixtures thereof; and
(iii) a cosmetically acceptable vehicle for the 25-OH-D3 and
the lipid material.
Col. 4, lines 27-33. Pillai also teaches that surfactants may be present in the
composition, see Col. 13, lines 45-67, but there is no teaching that the lipid is
present as a solid particulate that is dispersed in the surfactant, as required by
the claims. As Vanlerberghe or Young are relied upon to meet the limitation of
the average particle size of the lipid of 0.5 to 150 µm, those references do not
remedy the deficiencies of Pillai.
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