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for publication and is not binding precedent of the Board.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 RICHARD R. BOTT, MARK S. GEBERT,
PAAL CHRISTIAN KLYKKEN, ISABELLE MAZEAUD, and
XAVIER JEAN-PAUL THOMAS
__________
Appeal 2007-0851
Application 10/385,213
Technology Center 1600
__________
Decided: May 21, 2007
__________
Before TONI R. SCHEINER, ERIC GRIMES, and RICHARD M.
LEBOVITZ, Administrative Patent Judges.
GRIMES, Administrative Patent Judge.
DECISION ON APPEAL
This is an appeal under 35 U.S.C. § 134 involving claims to a topical
preparation. The Examiner has rejected the claims as obvious. We have
jurisdiction under 35 U.S.C. § 6(b). We affirm-in-part.
BACKGROUND
The Specification describes a “topical preparation compris[ing] a
mixture of a hydrophilic carrier containing an active agent that is dispersed
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