Ex Parte Aleles et al - Page 3



             Appeal No. 2006-2248                                                                               
             Application No. 10/158,618                                                                         



                   B.     Findings of fact                                                                      
                   The following findings of fact are believed to be supported by a                             
             preponderance of the evidence.                                                                     

                                                The invention                                                   
                          1.    The invention relates to skin care compositions containing                      
             retinoids which generally improve the quality of the skin (U.S. Patent 6,068,847,                  
             col. 1, lines 7-9).                                                                                
                          2.    The patent also refers to the "skin care compositions" as                       
             "cosmetic compositions."                                                                           
                          3.    The compositions of this invention are preferably emulsions                     
             (col. 4, lines 49-50).                                                                             
                          4.    Also preferably, the compositions of this invention contain                     
             liposomes.  Liposomes are vesicular lipid membrane structures enclosing a volume                   
             of water (col. 5, lines 9-11).                                                                     
                          5.    However, such liposome vesicles need not be formed in order                     
             to achieve a low-irritation product.  For example, the oil phase of the compositions               

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