Appeal 2007-3935
Application 10/625,244
The Federal Circuit found that the prior art anticipated the above
referenced claim, along with other claims to particular skin benefits achieved
by applying the composition to the skin. Id. at 1378-79. Specifically, the
court found that all skin is subject to damage or aging by oxygen-containing
free radicals or oxidative generation of biologically active metabolites, thus
all that was required was application of the composition to the skin. Id. at
1379-80.
In the instant case, all skin is subject to glycation, with the resultant
loss of skin elasticity and the breakdown of collagen. Thus the benefit stated
in the preamble of the claims, of reduction or treatment of glycation,
treatment of damage of cells due to glycation, or treatment of aging of cells
due to glycation, naturally flows from the method of applying the
composition of Runge to the skin, see, e.g., Perricone, 432 F.3d at 1378, and
thus Runge anticipates the subject matter of independent claims 10-13, 21,
22, 24-26, as well as dependent claim 23.
Claim 14 requires an additional ingredient, such as ascorbic acid. As
Runge teaches that the composition may contain ascorbic acid, (col. 2, ll. 53-
61), Runge also anticipates the method of claim 14.
Claim 15 requires that the composition contain from about 0.05% to
about 70% by weight benfotiamine; claim 16 requires that the composition
contain from about 5% to about 20% by weight benfotiamine; claim 17
requires that the composition contain from about 0.05% to about 5% by
weight benfotiamine; and claim 18 requires that the composition contain
from about 0.25% to about 7% by weight benfotiamine. As Runge teaches
that the additional ingredient, i.e., benfotiamine, may be present in an
amount of of 0.01% to 40% by weight, it anticipates the methods of claims
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Last modified: September 9, 2013