Appeal No. 2005-1452 Page 2
Application No. 09/915,549
BACKGROUND
The present invention relates to a dispersion which comprises an oily phase, an
aqueous phase and at least one active ingredient. The dispersion can be either an
oil-in-water emulsion or a water-in-oil emulsion. Representative claim 1 appears
below:
1. Dispersion which comprises:
an oily phase;
an aqueous phase, in the form of an oil-in-water emulsion or a
water-in-oil emulsion; and
at least one active ingredient that is only slightly or with difficulty soluble
in the oily phase and the aqueous phase, wherein the dispersion is free
from toxicologically dangerous organic solvents and contains the active
ingredient dissolved in a quantity that is greater than the quantity which
results additively from its maximum solubility in the oily and the aqueous
phase of the emulsion.
The Examiner relies on the following references in rejecting the appealed
claims:
Kaufman et al. (Kaufman) 5,616,330 Apr. 01, 1977
Davis et al. (Davis) EP 0296845 Dec. 28, 1988
(Published European Patent Application)
Claims 1-15, 19-66, 143, 144, 146 and 148-150 stand rejected under 35
U.S.C. § 103(a) as obvious over Davis. Claims 1-15, 19-66, 143, 144, 146 and
148-150 stand rejected under 35 U.S.C. § 103(a) as obvious over Kaufman.
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