The opinion in support of the decision being entered today was not written
for publication and is not binding precedent of the Board.
UNITED STATES PATENT AND TRADEMARK OFFICE
__________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
__________
Ex parte NICHOLAS V. PERRICONE
__________
Appeal 2006-3372
Application 10/454,521
Technology Center 1600
__________
ON BRIEF
__________
Before ADAMS, GREEN, and LINCK, Administrative Patent Judges.
GREEN, Administrative Patent Judge.
DECISION ON APPEAL
This is a decision on appeal under 35 U.S.C. § 134 from the
examiner’s final rejection of claims 1-12. Claims 1 and 11 are
representative of the claims on appeal, and read as follows:
1. A topical composition for the treatment of rosacea comprising
(a) an effective amount of a lipoic acid ingredient selected from the
group consisting of lipoic acid, dihydrolipoic acid, a lipoic or dihydrolipoic
acid ester, a lipoic or dihydrolipoic acid amide, lipoic acid plus, a lipoic or
dihydrolipoic acid salt, and mixtures thereof, and
(b) an effective amount of an α-hydroxy acid ingredient selected from
the group consisting of glycolic acid, hydroxymethylglycolic acid, lactic
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