Appeal No. 2004-0378
Application No. 09/765,675
In this case, we agree with the examiner that the cited references would have
suggested a composition within the scope of claim 1 to those of ordinary skill in the art.
Specifically, Restle discloses an oil-in-water nanoemulsion having oil globules with an
average size of less than 150 nm (page 2),2 at least one nonionic amphiphilic lipid (page
4), and at least one cationic amphiphilic lipid (page 4). Restle teaches that preferred
cationic amphiphilic lipids include quaternary ammonium salts (page 7) and that
preferred nonionic amphiphilic lipids include
esters of at least one polyol selected from the group formed by
polyethylene glycol including between 1 and 60 units of ethylene oxide,
sorbitan, glycerol including between 2 and 30 units of ethylene oxide,
polyglycerols including between 2 and 15 units of glycerol, and at least
one fatty acid including at least one C8-C22 alkyl chain, that may be
saturated or unsaturated, linear or branched.
Page 4. Specific examples of nonionic surfactants disclosed by Restle include
polyethylene glycol isostearate with a molecular weight of 400, diglyceryl isostearate,
sorbitan oleate, and sorbitan isostearate. See pages 6-7. Restle discloses that the
resulting nanoemulsion compositions have increased storage stability compared to
other nanoemulsions. See page 3.
Ziegler discloses an emulsion composition (either oil-in-water or water-in-oil, see
column 2, lines 8-9) that comprises two essential components. “A quaternary
ammonium functionalized phosphate ester is a necessary first component of the
compositions.” Column 2, lines 24-26. “A second essential component of the
composition . . . is a cationic polysaccharide.” Column 4, lines 20-21. A “[p]articularly
preferred” cationic polymer is disclosed to be Quatrisoft LM-200. See column 5, lines
2 All citations to Restle refer to the English-language translation; a copy of the translation is enclosed with
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