Appeal No. 2004-0378
Application No. 09/765,675
Id., page 2. “It is known to use, as thickeners for aqueous media, water-soluble or
water-dispersible polymers . . . such as carbopol, wherein said polymers can have a
long chain length and a high molecular weight. When such polymers are used in
compositions in the form of nanoemulsions, some of such nanoemulsions may tend to
exhibit a decrease in at least one characteristic, such as stability and transparency.” Id.
The specification discloses that “oil-in-water nanoemulsions comprising oil
globules with an average size of less than 150nm comprising at least one oil and at
least one amphiphil[i]c lipid can be thickened with at least one cationic polymer.” Page
3. In a working example, the specification reports that an oil-in-water nanoemulsion
containing a cationic polymer (quaternized (C8-C30)alkylhydroxyethylcellulose, a.k.a.
Quatrisoft LM 200) was stable on storage for two months at room temperature and at
45°C, and had a turbidity of 375 NTU and a viscosity of 650 mPa.s. See page 50. By
contrast, “[i]f the Quatrisoft LM 200 is replaced with the same amount of Carbopol
Ultrez, a composition which is not thickened, not transparent (turbidity > 1000 NTU) and
not stable on storage is obtained.” Page 51.
Discussion
Appellants have grouped the claims subject to each rejection together, with the
exception of claims 78-82, which are argued separately from the other claims rejected
over Restle and Ziegler. See the Appeal Brief, page 6. We will consider claims 1, 20,
23, 64, and 78 as representative of the rejected claims. 37 CFR § 1.192(c)(7).
Claim 1 is directed to an oil-in-water nanoemulsion (i.e., an emulsion in which the
oil globules have an average size of less than 150 nm), comprising an oil, an
amphiphilic lipid, and a “cationic polymer comprising at least one hydrophobic block and
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