Appeal No. 2005-0545
Application No. 09/989,019
cosmetic condition in women called cellulite according to the
protocol indicated on page 12 of the specification entailing
ultrasound measurements on thigh diameters (Paper No. 5, p. 1, para.
3-4). Pugliese’s specification describes the Formula #1 Emulsion,
the Formula #2 Microencasulation and the Formula #3 Emulsion as
comprising the following active components (Spec., pp. 10-11):
Formula #1 Emulsion
Fisetin .001 to 5.0 wt.% oil phase
Genistein 0.1 to 2 wt.% oil phase
Theophylline acetate .001 to 4.0 wt.% water phase
Coleus forskohlii extract .001 to 2.0 wt.% water phase
L-carnitine .001 to 2.0 wt.% oil phase
Formula #2 Microencapsulation
Quercetin .001 to 5.0 wt.%
Genistein .001 to 5.0 wt.%
Theophylline acetate .001 to 4.0 wt.%
Coleus forskohlii extract .001 to 2.0 wt.%
L-carnitine .001 to 1.5 wt.%
Formula #3 Emulsion
Quercetin .001 to 5.0 wt.% oil phase
Genistein .001 to 5.0 wt.% oil phase
Theophylline acetate .001 to 4.0 wt.% water phase
Coleus forskohlii extract .001 to 2.0 wt.% water phase
Acetyl L-carnitine .001 to 1.5 wt.% oil phase
Dr. Pugliese declares (Paper No. 5, para. 5-11):
5. Genistein was first evaluated for its potential
effects on the fat reduction of female thighs, as to be
determined by ultrasound measurements, which measurements
are presented graphically in the tricolor bar charts depicted
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