Appeal No. 2005-0545
Application No. 09/989,019
[Caffeine,] particularly at high concentrations, is not
always tolerated, even topically, because it penetrates
and may give rise to palpitations in certain particularly
sensitive. . . . [G]rowth factors are excellent substitutes
or supplements for caffeine. . . . [I]t is assumed that
growth factors owe their lipolytic effect to an action
mechanism different from that of caffeine.
Koulbanis teaches persons having ordinary skill in the art to
combine at least one xanthine derivative with compounds which
stimulate the desirable activity by a different mechanism
(Koulbanis, col. 2, l. 1-13). Koulbanis explains (Koulbanis,
col. 1, l. 43, to col. 2, l. 6; emphasis added):
[I]t is . . . important to inhibit the action of the
phosphodiesterase in order to have a high level of
cyclic AMP in the adipocytes with the aim of stimulating
the lipolytic activity.
Among the different phosphodiesterase inhibitors
which have been proposed, there may be mentioned in
particular the xanthic bases, and more particularly
theophylline, caffeine and theobromine. However, it
has been shown that the results obtained with these
inhibitors, taken by themselves or in association with
the abovementioned enzymes, is not very satisfactory
with regard to reducing cellulitis.
. . . . .
We have now found, . . . that it is possible to act
on the cellulitis and achieve a slimming action by using a
cosmetic composition containing certain sulphur-containing
compounds in association with certain substituted xanthines.
. . . . .
No explanation can currently be provided for the
excellent activity observed. However, it is thought that
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