Appeal No. 2005-0545
Application No. 09/989,019
accumulation of fat is an important component of the condition
called “cellulite” (Spec., p. 1, l. 12-17; emphasis added):
[A] condition of the buttocks and upper thighs
characterized by an unattractive, undulating, irregular
skin surface. The condition has been thought by previous
investigators to originate from abnormal fatty deposits
that collected under the skin. Many attempts have been
made to define cellulite but no adequate explanation has
been forthcoming. While fat is not the major etiological
factor in cellulite, it is an important component of the
condition.
Pugliese teaches that “[t]he use agents that are capable of
lipolytic stimulation, such as the xanthine derivatives, caffeine
and theophylline, has shown some efficacy in published clinical
trials” (Spec., p. 3, l. 10-12). While Pugliese suggests that the
primary cause of cellulite is estrogen (Spec., p. 3, l. 12-13),
nevertheless, “[c]ellulite is a condition seen only in women and is
characterized by the formation of fatty deposits . . . in the thighs
and the buttocks” (Spec., p. 4, l. 8-9). Thus, while Pugliese’s
specification does not explicitly define the term “cellulitis” in
Claim 8, it appears from the art of record that “[c]ellulitis is
[’an inflammatory condition of cellular or connective tissues’
(AB12, footnote)] formed by local accumulation of fat” (Soudant,
col. 1, l. 66-68); i.e., a medical condition relating to local
accumulation of fat.
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