Appeal No. 2004-0378
Application No. 09/765,675
Japanese Patent Application
Decostelle et al. (Decostelle) 10338899 Dec. 22, 1998
Claims 1-19, 21, 22, 30-62, and 68-83 stand rejected under 35 U.S.C. § 103 as
obvious in view of Restle and Ziegler.
Claims 23-29 and 63 stand rejected under 35 U.S.C. § 103 as obvious in view of
Restle, Ziegler, and Simonnet.
Claim 20 stands rejected under 35 U.S.C. § 103 as obvious in view of Restle,
Ziegler, Simonnet, and Matzik.
Claims 64-67 stand rejected under 35 U.S.C. § 103 as obvious in view of Restle,
Ziegler, Simonnet, Matzik, and Decoster.
We affirm the rejection of claims 1-62, 68-71, and 83 and reverse the rejection of
claims 63-67 and 78-82.
Background
“Oil-in-water emulsions are known in the field of cosmetics and in the field of
dermopharmacy, for example, for the preparation of cosmetic products such as lotions,
tonics, sera and eaux de toilette.” Specification, page 1. “The term ‘nanoemulsion’
means a metastable oil-in-water emulsion . . . whose oil globule size is less than 150
nm, these oil globules being stabilized with a crown of amphiphilic lipids. . . . The
transparency of these emulsions derives from the small size of the oil globules.” Id.
The prior art “disclose[d] nanoemulsions based on fluid nonionic amphiphilic
lipids and on silicone surfactants. However, all these nanoemulsions are fluid. For
certain uses, products are sought which can be measured out and taken up easily by
hand. To do this, these products must have a certain level of consistency or viscosity.”
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