Appeal No. 2004-0383 Page 2
Application No. 09/703,279
INTRODUCTION
The claims are directed to a powder composition and a process for treating skin by
contacting the skin with the powder composition. The powder composition, at a minimum,
contains two basic components: a solid particulate component and chitosan in particulate form.
Claims 1 and 14 are illustrative on the invention on appeal:
1. A powder composition comprising a solid particulate component and from about 0.01
to about 10% by weight, based on the weight of the composition, of chitosan having a particle
size of from about 0.1 to about 50 microns.
14. A process for treating skin comprising contacting the skin with a powder
composition containing a solid particulate component and from about 0.01 to about 10% by
weight, based on the weight of the composition, of chitosan having a particle size of less than
400 microns.
As evidence of unpatentability, the Examiner relies upon the following prior art
references:2
Yoshihide Kawamura et al. (Yoshihide) JP 63-027,501 Feb. 5, 1988
Toshiya et al. (Toshiya) JP 11-124,324 May 11, 1999
Claims 1-3, 5-16, and 18-23 stand rejected under 35 U.S.C. § 103(a) as being
unpatentable over Yoshihide in view of Toshiya. For the reasons expressed by Appellant in the
Brief and the following reasons we reverse with respect to the claims on appeal, claims 1-3, 5-
10, 14-16, and 18-23.
2We rely upon and cite to the English translations of record for each of the references.
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