Appeal 2007-0851
Application 10/385,213
that the hydrophilic component include polyvinyl alcohol or
polyvinylpyrrolidone.
Claim 31 depends from claim 1 and requires that the topical
preparation contain a topical dressing that contains a patch. The term
“dressing” is defined in the Specification as
any of the various types of coverings that are suitable for
application directly to skin, wounded tissue, or diseased tissue
for absorption of secretions, protection of the tissue from
trauma, administration of medication to the tissue, protection of
the tissue from the environment, to stop bleeding, to maintain
or provide a moist environment, and combinations thereof.
(Spec. 6.)
The Examiner relies on Webster’s Dictionary for defining the term
“patch” as “a covering or dressing applied to protect a wound or sore”
(Answer 13). The Examiner argues that the term “patch” “does not require
any particular physical form, only that the composition cover[s] a region of
interest” (id.). Appellants have not provided any evidence that this
definition is unreasonable. Therefore, we interpret claim 31 to encompass
any “dressing” as defined in the Specification; e.g., a covering for
application directly to skin that administers medication to the tissue.
2. REFERENCES
The Examiner relies on the following references:
Chien 4,053,580 Oct. 11, 1977
Pfister 5,232,702 Aug. 3, 1993
Powell 6,060,546 May 9, 2000
Webster’s II New College Dictionary (1995, reference U).
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