Appeal No. 2005-0545
Application No. 09/989,019
11. From the foregoing graphic presentations of my
clinical observations, I am able to conclude that genistein,
in combination with afore-described active components, or
even if used alone in an emulsion, is capable of inhibiting
the undesirable destructive effects of estrogen on connective
tissue, like collagen, and it thus provides a positive effect
on treating cellulite, as indicated by measuring their visual
ratios as recited above.
We have carefully considered Pugliese’s declaration, especially
the procedure, the visual observations, the objective results
reported in the attached exhibits, and the conclusions Dr. Pugliese
has drawn therefrom. We are somewhat confused by the lot.
Even if we presume to understand precisely what the components
and component proportions of the formulations with and without
genistein that Pugliese tested on the thighs of women exhibiting
cellulite, precisely how the measurements were taken and recorded,
and the individual and comparative reliability of the observations
and data recorded for each formulation with and without genistein,
Pugliese concludes at best that genistein alone, or genistein in
combination with other known active agents, provides a positive
effect on treating cellulite. Pugliese’s declaration that the
claimed subject matter is patentable is less persuasive and carries
less weight than the combined teachings of the applied prior art
that the claimed subject matter would have been obvious to persons
having ordinary skill in the art for treating cellulite with
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