Appeal 2007-3390
Application 10/143,915
3. providing vitamin C to the Keratinocyte cells located in the
epidermis layers of the skin enabling the vitamin C to expel Melanin from
the Keratinocyte cells.
The Examiner relies on Kim to teach a method for the transdermal
administration of vitamin C (ascorbic acid) wherein vitamin C is penetrated
into the skin using iontophoresis and ultrasonic waves (Answer 4; Kim
Abstract).
In addition, we find that Kim teaches an ultrasonic device.
Specifically, Kim teaches a skin-care apparatus that comprises, inter alia, a
resonance part that produces ultrasonic waves and an iontophoresis-vibration
part, “which enables iontophoresis and ultrasonic massage to be conducted
by way of a contact plate that is in contact with skin” (Kim 4: 17 - 5: 6).
According to Kim the method for transdermal administration of ascorbic
acid is preferably conducted by iontophoresis, while applying ultrasonic
vibrations to the skin (Kim 9: 17-22). Stated differently, Kim’s method for
transdermal administration of ascorbic acid is performed with an ultrasonic
device.
We recognize the Examiner’s statement that Kim “does not teach
expressly using ultrasonic [waves] as the means for enhancing penetration”
(Answer 4). This is, however, not required by claim 4. Claim 4 simply
requires the use of an “ultrasonic device”. As discussed above, Kim
discloses an ultrasonic device. Nevertheless, the Examiner relies on Spencer
to teach that iontophoresis (which utilizes electrical potential energy) and
sonophoresis (which utilizes ultrasonic waves) are both known in the art to
be useful for enhancing the skin’s absorption of topical actives (Answer 4).
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