Appeal 2007-0851
Application 10/385,213
Chien (e.g., hormones), but also enzymes, using a silicone emulsion (Powell,
col. 16, l. 60, to col. 17, l. 36). Based on the teaching that enzymes are a
dermatological or cosmetic active agent, we agree with the Examiner that
one of ordinary skill in the art would have been motivated to modify Chien’s
device to administer an enzyme to the skin. In addition, since both
references describe using a composition containing a silicone continuous
phase and a discontinuous phase to administer an active agent, we agree that
one of ordinary skill in the art would have had a reasonable expectation of
success.
We conclude that the Examiner has set forth a prima facie case that
claim 1 would have been obvious in view of Chien, Pfister, Powell, and
Webster’s Dictionary, which Appellants have not rebutted. We therefore
affirm the rejection of claim 1 under 35 U.S.C. § 103. Claims 2, 11-20,
25-30, and 36-41 fall with claim 1.
Claim 3 depends from claim 1 and requires that the droplets be about
0.1 µm – 2000 µm in diameter. The Examiner relies on Pfister for
disclosing the mean size of droplets (Answer 12).
We find that Chien describes droplets that are within the range recited
in claim 3. In particular, Chien describes dispersing a “saturated solution of
pharmaceutical in water and hydrophilic solvent . . . throughout liquid
silicone polymer” and then cross-linking the silicone polymer “leaving
microsealed compartments filled with hydrophilic solvent--water--and
pharmaceutical throughout the matrix” (Chien, col. 2, ll. 61-67 (emphasis
added)). Chien states that the microsealed compartments are of 10-200
11
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