Appeal No. 2006-0729 Page 2
Application No. 10/322,566
chloride, vitamin A trans-retinoic acid, resorcinol, hyaluronic acid,
gentamicin, meclocycline, phenol, ascorbic acid, tocopherol, lipoic
acid, phosphatidyl choline, phosphatidyl serine, chlorhexidine,
irgasan, adapalene, and the dextrorotary forms, levorotary forms,
racemic mixtures, cis forms, trans forms, salts, esters and amides
thereof, in an excipient for external use.
The references relied upon by the examiner are:
Hong et al. (Hong) 6,028,067 Feb. 22, 2000
Chen et al. (Chen) 6,267,985 Jul. 31, 2001
GROUNDS OF REJECTION
Claims 18 and 22 stand rejected under 35 U.S.C. § 112, second
paragraph, as being indefinite.
Claims 12 and 18 stand rejected under 35 U.S.C. § 102(b) as anticipated
by Hong.
Claims 12-23 stand rejected under 35 U.S.C. § 103 as being unpatentable
over Chen.
We reverse.
BACKGROUND
According to appellant (specification, page 1, lines 23-29), sebum contains
triglycerides which are hydrolysed into fatty acids and glycerol by the lytic
enzymes released by bacteria present on human skin. The fatty acids released
in this process result in chemical compounds that favor inflammation.
Specification, bridging sentence, pages 1-2.
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