Appeal No. 2006-1801 Page 2
Application No. 10/007,869
increase the activity of the retinoid precursors by promoting their conversion to retinoic
acid. When the boosters were combined with the retinoids in a single composition, they
were found to cause retinoid degradation. Id., page 30, lines 5-6; page 36. As a
consequence, the “efficacy of the boosted composition” was reduced. Id., page 30,
lines 5-6. “Therefore, in order to protect against retinoid breakdown while still providing
the beneficial effects of retinoid boosters, the present invention provides a dual
compartment package that contains a first composition containing retinoids in a first
compartment and a second composition containing at least one retinoid booster in a
second compartment. The first composition provides a first benefit to the skin while the
second composition works to boost or enhance the effect of the first benefit.” Id., page
30, lines 8-13.
Discussion
1. Claim construction
Claims 1, 2, 4-7, 9-12, and 14-18 are on appeal. Claim 16 has been argued
separately, and does not stand or fall with the other claims. See, Reply Brief, page 15.
We will focus on claim 1, the broadest claim on appeal. It reads as follows:
1. A stable skin care product comprising:
a first composition comprising about 0.001% to about 10% of a retinoid selected
from the group consisting of retinyl esters, retinol, retinal, and mixtures thereof;
a second composition comprising about 0.0001% to about 50% of at least one
retinoid booster selected from the group consisting of CITRAL, CITRONELLOL,
COCAMIDE DEA, DAMASCONE, GERANIOL, 18b GLYCERHETINIC ACID, 8
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: November 3, 2007