Appeal No. 2005-0545
Application No. 09/989,019
Taber’s Medical Dictionary 1981 Ed. Pg. 37.
. . . . .
Lastly, the enclosed Rule 132 Declaration establishes
that representative flavones are capable of inhibiting the
undesirable destructive effects of estrogen on connective
tissue and thus provide a positive effect on treating
cellulite, not cellulitis.
Contrary to appellant’s view, yet consistent with statements of
the examiner, we find that Koulbanis and Soudant both describe
treatments for cellulitis. See Koulbanis, Abstract; col. 1,
l. 7-9, 50, 56-57, 60, and 67-68; col. 2, l. 7-9; col. 3, l. 9-11;
col. 4, l. 40, 54, 56, and 68; col. 5, l. 5, 54; and col. 6, l. 15
and 56. See Soudant, col. 1, l. 61-68; col. 2, l. 3-4; and col. 4,
l. 58-64. Soudant defines “cellulitis” as “that swelling of the
subcutaneous connective tissue . . . [which] gives the skin an
‘upholstered’ appearance” (Soudant, col. 1, l. 64-66). The
condition defined as cellulitis is formed by local accumulation of
fat and water trapped in a matrix of more or less fluid-tight
compartments” (Soudant, col. 1, l. 66-68). Soudant would have
taught persons having ordinary skill in the art that the condition
known as cellulitis not only forms from, and is associated with,
“local accumulation of fat” (Soudant, col. 1, l. 66-68), but also
that one may treat associated cellulitis by treatments which combat
local accumulation of fat. Soudant states (Soudant, col. 4,
4
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