Appeal No. 2004-0902 Page 2
Application No. 09/780,060
3. The composition of claim 2, wherein the at least three lipids
comprise a ceramide, a saturated fatty acid and cholesterol.
4. The composition of claim 3, comprising bovine brain
ceramide as the ceramide, palmitic acid as the saturated fatty acid
and cholesterol in ratios by mol of from 1-5:1-5:1-5, respectively.
5. The composition of claim 3, comprising ceramide 2 as the
ceramide, palmitic acid as the saturated fatty acid and cholesterol
in ratios by mol of from 1-5: 1-5: 1-5, respectively.
The examiner relies upon the following references:
Kawada et al. (Kawada) 5,916,578 Jun. 29, 1999
Concise Encyclopedia Chemistry, Walter de Gruyter Berlin, New York, translated
and revised by Mary Eagleson, pp. 599-600 (1994).
Claims 1-3, 6-9 and 14-19 stand rejected under 35 U.S.C. § 102(e) as
being anticipated by Kawada. In addition, claims 4 and 5 stand under 35 U.S.C.
§ 103(a) as being obvious over Kawada. After careful review of the record and
consideration of the issues before us, we affirm the rejection under 35 U.S.C. §
102(e), but reverse the rejection under 35 U.S.C. § 103(a).
BACKGROUND
According to the specification:
The instant invention provides a composition which when
topically applied to the skin of a mammal reduces trans-epidermal
water-loss and provides an improved epidermal barrier. The
composition comprises an aqueous dispersion of at least two lipids,
preferably at least three lipids, in a non-crystalline phase lamellar
array, preferably bilayer membranes in the form of liposomes.
These lipids adopt a crystalline lamellar phase upon application to
mammalian skin which resists washing with mild detergents and
water.
Id. at 2.
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