Appeal 2007-0851
Application 10/385,213
throughout a silicone matrix” (Specification 3). “The hydrophilic carrier and
active agent mixture may form an internal phase that is an emulsion,” the
internal phase being “disposed within the silicone matrix (external phase)”
(id. at 3-4). A “silicone-based surfactant can be added to . . . emulsify the
internal phase into . . . droplets” (id. at 4). The “internal phase may further
comprise any suitable hydrophilic component” (id. at 8).
The Specification states that the term “[e]mulsion shall be understood
as referring to a temporary or permanent dispersion of one liquid phase
within a second liquid phase. Generally one of the liquids is water or an
aqueous solution” (id. at 6).
DISCUSSION
1. CLAIMS
Claims 1-20 and 22-41 are on appeal. Claims 42-64 are also pending
but have been withdrawn from consideration by the Examiner.
The claims have been argued in four groups (Br. 10, 15, and 16). The
claims within each group will stand or fall together. 37 C.F.R.
§ 41.37(c)(1)(vii). We will focus on claims 1, 3, 22, and 31, which are
representative and read as follows:
1. A topical preparation comprising:
an internal phase; and
an external phase; wherein:
said internal phase comprises droplets dispersed within
said external phase;
said internal phase comprises at least one hydrophilic
carrier, at least one hydrophilic component and at least one active agent;
2
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