Ex Parte Zhu et al - Page 1


                           The opinion in support of the decision being entered today was not written                  
                                   for publication and is not binding precedent of the Board.                          

                         UNITED STATES PATENT AND TRADEMARK OFFICE                                                     
                                                     __________                                                        
                              BEFORE THE BOARD OF PATENT APPEALS                                                       
                                             AND INTERFERENCES                                                         
                                                     __________                                                        
                                      Ex parte DEGUANG ZHU and YAO ZHU                                                 
                                                     __________                                                        
                                               Appeal No.  2005-0403                                                   
                                             Application No.  09/748,466                                               
                                                     __________                                                        
                                                     ON BRIEF                                                          
                                                     __________                                                        
                 Before ADAMS, MILLS and GREEN, Administrative Patent Judges.                                          
                 ADAMS, Administrative Patent Judge.                                                                   
                                              DECISION ON APPEAL                                                       
                        This is a decision on the appeal under 35 U.S.C. § 134 from the                                
                 examiner’s final rejection of claims 5, 9-14 and 16, which are all the claims                         
                 pending in the application.                                                                           
                        Claim 5 is illustrative of the subject matter on appeal and is reproduced                      
                 below:                                                                                                
                     5. A method of increasing skin firmness and elasticity, reducing lines and                        
                        wrinkles of skin, improving age spots and clarity of skin, raising ability of                  
                        skin or scalp to scavenge oxygen free radicals, raising ability of skin or                     
                        scalp against UV-induced damage, treating aging of skin or scalp,                              
                        preventing skin or scalp from aging, treating winter itch, or improving                        
                        secretion of sebaceous and sweat glands comprising:                                            
                               topically applying an effective amount of a composition consisting                      
                               essentially of insulin, which can be natural, synthetic, recombinant,                   
                               human or animal, to the skin or scalp.                                                  

                 The examiner relies on the following prior art:                                                       





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