PENNSYLVAN|A.OFFlCEZ
`1635MARKETSTREET
`7"‘ FLOOR
`PHILADELPHIA, PA 19103
`[215]241-8888
`FAX: [215] 241-8844
`
`E-MAIL
`tszuhaj@lawsgr.com
`
`SPECTOR GADON & ROSEN, P.C.
`ATTORNEYS AT LAW
`1000 LENOLA ROAD
`ao.aox10o1
`MOORESTOWN, NEW JERSEY 08057
`[856] 778-8100
`FAX[856]722-5344
`WVVW.LAWSGR.COM
`
`February 18, 2006
`
`FLORIDA OFFICE:
`360CENTRALAVENUE
`sum: 1550
`ST. PETERSBURG, FL 33701
`[727]896—4600
`FAX: [727] 896-4604
`
`Timothy J. Szuhaj
`
`DIRECT DIAL NUMBER
`[856] 914-4910
`
`USPS Express Mail — ED-382372914 US
`
`Commissioner for Trademarks
`P.O. Box 1451
`
`Alexandria, VA 22313-1451
`
`Re:
`
`In re the application of Nutri/System,
`Serial No:
`78/448222
`
`IPHC,
`
`Inc.
`
`Filed:
`Mark:
`
`July 9, 2004
`PEPTIDE PLAN
`
`Our File No:
`
`90009-001
`
`Dearlsir/Madam:
`
`Enclosed you will find an original copy of our Response to
`Office Action No.
`2 and our Certificate of Express Mailing.
`Kindly file the enclosed document and confirm receipt thereof by
`applying your date stamp and serial number on the return receipt
`card attached hereto.
`
`Very truly yours,
`
` TJS/ck
`
`Enclosure(s)
`
`cc:
`
`Jim Brown (w/enclosures)
`Denise Bergner
`(w/enclosures)
`
`illlllflllflNIHHHHIIIIHINIIIHIIHIIHHIII
`
`02-27-2006
`~
`.
`Ll n“e"5 ”*‘0v'C/TM Man R:D‘Dt #1
`
`1
`
`246696-1
`
`

`
`i IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`In re Application of
`Nutri/System IPHC, Inc.
`
`Serial No.:
`
`78/448222
`
`Filed:
`
`July 9, 2004
`
`Mark:
`
`PEPTIDE PLAN
`
`Our Ref.:
`
`90009-001
`
`Commissioner for Trademarks
`
`P.O. Box 1451
`
`Alexandria, Virginia 22313-1451
`
`Examining Attorney:
`Ellen Awrich
`
`Law Office 116
`
`RESPONSE
`
`Applicant acknowledges receipt of Office Action No. 2, emailed August 24, 2005, in
`
`connection with the above-referenced application (the “Office Action”). The Examining
`
`Attorney has made final the refusal to grant registration on the grounds that Applicant has not
`
`adequately responded to her request for information and that the Applicant’s mark describes the
`
`subject matter of a publication and, therefore is merely descriptive under Section 2(e)(1).
`
`Applicant requests that the Examining Attorney reconsider and withdraw this refusal for the 0
`
`following reasons.
`
`BASIS FOR RECONSIDERATION
`
`1.
`
`Meaning of the Mark; Reguest for Information
`
`The Examining Attorney has also made final her request that the Applicant indicate
`
`whether its mark “has any significance or meaning in the relevant trade.” The Applicant submits
`
`244652_3
`
`

`
`that the term “peptides” does not have any significance in the relevant industry other than the
`
`dictionary definition set forth in the Office Action. Moreover, as applied to Applicant’s goods
`
`and weight loss program, Applicant submits that its weight reduction services are namely related
`
`to the use of whey protein sub-units, which may contain peptides and dairy minerals.
`
`II.
`
`Descriptiveness Refusal Under Section 2§e)§1 1.
`
`In the Office Action, the Examining Attorney made final her refusal to register the mark
`
`PEPTIDE PLAN on the grounds that “a term that describes the subject matter of a publication is
`
`merely descriptive under Section 2(e)(l).” Applicant respectfully submits that its mark is not
`
`descriptive of the subject matter of its publications and video tapes. Applicant’s goods will be
`
`video tapes and literature regarding obesity, weight loss/weight management programs, nutrition
`
`and exercise. The term “peptides” does not appear in the description of the subject goods. In
`
`fact, the Examining Attomey’s own argument that peptides are directly associated with weight
`
`loss, nutrition and exercise demonstrates the substantial operation of imagination necessary to
`
`reach the Examining Attomey’s conclusion that Applicant’s mark “is merely descriptive of the
`
`publications and video recordings, which detail a weight loss plan featuring a peptide.”
`
`(Emphasis added). In essence, the Applicant submits that the Examining Attorney has
`
`incorrectly substituted peptide as a synonym for weight loss. It is the Applicant’s position that
`
`the relevant consumers will not make such a connection when viewing Applicant’s mark. The
`
`Applicant’s mark does not directly convey the proposition that the goods may or may not include
`
`subject matter about peptides. Accordingly, the Applicant submits that the mark is not
`
`descriptive of the subject goods and that the Examining Attomey’s opinion regarding
`
`descriptiveness is misplaced. Moreover, the Examining Attorney has sited numerous references
`
`244652-2
`
`2
`
`

`
`to articles ‘and websites indicating “that peptides regulate appetite.” Applicant submits that there
`
`is a voluminous amount of references to article and websites indicating that peptides are a
`
`primary component of numerous skin care products and cosmetics. The Applicant refers the
`
`Examining Attorney to the 305 stories from the Lexis/Nexis Research database showing
`
`“peptides” within five (5) words of “cosmetics.” Fifteen of the stories are attached as
`
`representative examples. & Exhibit A. Finally, the Examining Attorney has not proffered any
`
`materials showing the use of the subject terms “peptide” and “plan” together as being
`
`immediately descriptive of Applicant’s goods. The above notwithstanding, Applicant reiterates
`
`it belief that the mark is, at a minimum, suggestive, rather than descriptive.
`
`Accordingly, Applicant requests reconsideration of the refusal to register the mark
`
`PEPTIDE PLAN on descriptiveness grounds.
`
`A.
`’
`
`PEPTIDE PLAN Must be Considered as a Whole in Relation to the
`Identified Services.
`
`As set forth above, the Examining Attorney has cited instances from the Internet
`
`of use of the term “peptide” in the general context of appetite regulation. Applicant
`
`submits that the components of its mark should not be treated as two separate elements
`
`for the purpose of evaluating Applicant’s mark. The mark should not be dissected and
`
`the terms analyzed separately.
`
`In re Hutchinson Technology, 852 F.2d 552 (Fed. Cir.
`
`1988) (improper to dissect a mark and analyze the individual words it may incorporate).
`
`In doing so,
`
`the Examining Attorney has ignored the fanciful and/or arbitrary
`
`combination of the two elements together.
`
`244652—2
`
`

`
`B.
`
`_
`
`SDIM AND TONE is Suggestive of the Identified Services.
`
`1. SLIM AND TONE is Not Merely Descriptive Under the Imagination
`Test.
`
`As previously noted by Applicant, the primary test for determining whether PEPTIDE
`
`PLAN is descriptive within the meaning of Section 2(e)(1) is whether the mark immediately
`
`conveys to consumers the nature of the Applicant’s goods or whether consumers must use
`
`
`“imagination, thought and perception” to draw that conclusion. Stix Prod. Inc. v. United
`
`
`Merchants & Mfrs. Inc., 295 F. Supp. 479, 488 (S.D.N.Y. 1968). Sg ali Union Carbide Corp.
`
`v. Ever—Ready, Inc., 531 F.2d 366, 379 (7th Cir. 1976), cert. denied, 429 U.S. 830 (1976)
`(emphasis added). S_e§ ali Bristol-Myers Sguibb Co. V. McNeil P.P.C., Inc., 973 F.2d 1033,
`
`1040 (2d Cir. 1992). Even if one were to assume that the two terms on their own were
`
`understood by the relevant consumer to have the connotations suggested by the Examining
`
`Attomey—essentially a method for appetite regulation--the use of the terms in combination
`
`results in a composite mark that is fanciful, unique and memorable and, therefore, it seems
`
`highly unlikely that Applicant’s mark immediately and my conveys information about the
`
`subject matter of Applicant’s goods.
`
`Moreover, the combination of two descriptive terms can result in a composite mark that
`
`is suggestive. SQ, g.,g,, Catamount Software v. Microsoft Corporation, 327 F. Supp. 2d 278,
`
`284-85 (D. Vt. 2003) (combination of “pocket” and “money” resulted in a suggestive mark
`
`entitled to trademark protection); W.W.W. Pharm Co. v. Gillette Co., 808 F. Supp. 1013, 1022
`
`(S.D.N.Y. 1992) (consolidation of two descriptive or generic terms, “sport” and “stick,”
`
`suggested both product’s form and usage, but required some imagination to surmise nature of
`product, and thus was suggestive mark), aff’d, 984 F.2d 567 (2d Cir. 1993). E gsg Banff Ltd. 5
`
`
`
`244652-2
`
`4
`
`

`
`fiederated Dep’t Stores, Inc., 841 F.2d 486, 489 (2d Cir. 1988) (combination of arbitrary and
`
`generic terms in mark, BEE WEAR resulted in suggestive or arbitrary mark).
`
`Here, the Applicant’s mark combines the terms “peptide” and “plan.” This wording is
`
`highly ambiguous and susceptible to numerous interpretations. Applicant maintains that apart
`
`from perhaps deducing that Applicant’s goods may involve a general class of chemical
`
`compounds, consumers confronted with the Applicant’s mark will be unsure of the nature of the
`
`same. Applicant submits that consumers would very likely assume that Applicant’s mark is
`
`related in someway to skin care/cosmetic products and/or nutritional supplements due to the
`
`widespread use of the term “peptide” with respect to these products as evidenced by the stories
`
`referenced in Exhibit A and the 22 live applications and registrations for marks containing the
`
`term in Intemational Classes 3 and 5 alone. $2 printouts from TESS website of representative
`
`registrations attached as Exhibit B.
`
`2.
`
`Similar Registered Marks Demonstrates the Non-Descriptive Nature of
`Applicant’s Mark.
`
`The United States Patent and Trademark Office (“USPTO”) has already registered the
`
`following marks:
`
`
`
`
`AMEALPEPTIDE E-
`POWDER
`
`GHK COPPER PEPTIDE
`COMPLEX
`'
`
`REGISTRATION NUMBER
`3,053,554
`
`
`
`3,001,310
`
`
`
`
`
`
`
`
`
`
`
`GOODS
`Chenciiicalffood additives congaining f
`e ti es or use int e manu acture o
`Ifogd and beverages, which peptides
`are roducedb abiolo'cal rocess.
`
`
`Copper peptide complex ingredient
`sold as an integral component of
`skin care roducts, namel
`,
`
`
`
`In addition, Applicant has included for the convenience of the Examining Attorney attached printouts from
`1
`the TESS website for the registrations marked as Exhibit C.
`
`244652—2
`
`5
`
`
`
`

`
` cleansers, exfoliants for skin, toners,
`
`
`masks, lotions, ointrnents, gels,
`creams, moisturizers, solutions,
`
`
`ra s, and serums.
`
`Chemicals, namely, amino acids,
`peptides, reagents for peptide
`synthesis, amino acid derivatives,
`
`cytokines, enzyme inhibitors,
`enzyme substrates, growth factors,
`peptide substrates, all for use as
`
`scientific and laboratory research
`
`reagents in the fields of medicine
`
`and molecular biology;
`_
`pharmaceutical intermediates for use
`in the further manufacture of
`harrnaceuticals.
`CHEMICAL MOISTURIZING
`ADDITIVES FOR USE IN THE
`MANUFACTURE OF COSMETIC
`SKIN CARE MOISTURIZERS
`AND COSMETIC SKIN CARE
`
`TREATMENTS.
`
`
`
`
`
`
`
`
`
`2,808,092
`AP AMERICAN PEPTIDE
`
`
`DERMO-PEPTIDE
`
`2,679,819
`
`GHK COPPER PEPTHDE
`COMPLEX
`
`2,767,352
`
`
`
`PEPTIDE PLUS
`
`DEFERENTIAL PEPTIDE
`DISPLAY
`
`2,241,902
`
`2,641,178
`
`
`
`
`
`
`
`
`
`
`Copper peptide complex ingredient
`
`
`sold as an integral component of
`skin care products, namely,
`
`
`
`cleansers, exfoliants for skin, toners,
`
`
`masks, lotions, ointrnents, gels,
`creams, moisturizers, solutions,
`
`sra s, and serums.
`
`Nutritional animal food
`
`phamiaceutical preparations,
`
`namely, medicines for therapy of
`endocrine disorders and
`
`
`
`
`degenerative diseases, and
`pharmaceutically active substances,
`
`namely peptides, hormones, and
`
`proteins, and diagnostics;
`
`microbiological and chemical
`
`preparations for medical, veterinary
`
`and pharmaceutical purposes,
`
`namely, hormones, peptides,
`derivatives of peptides and growth
`factors; cultures of microorganisms
`for medical, veterinary and/or
`
`harmaceutical u
`oses.
`Animal feed additives for use as a
`
`
`
`
`
`
`
`THE POWER OF PEPTIDES
`
`2,686,926
`
`
`
`nutritional supplement.
`
`
`
`VITA-PEPTIDE
`
`2,453,906
`
`244652-2
`
`6
`
`Vitamin complex for use in non-
`medicated skin care preparations for
`the face and body, namely, facial
`cremes, skin lotions, bod cremes,
`
`
`
`
`
`
`
`
`
`
`
`

`
`
`
`skin moisturizers, body oils, toners,
`facial scrubs, facial cleansers, facial
`beauty masks, anti-wrinkle cremes,
`
`firrnin emollients.
`
`
`
`
`Milk protein concentrate that is
`utilized for body building and
`muscle tonin and s orts nutrition.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Topical preparations for treatment of
`skin disorders.
`
`Nutritional and health supplements,
`namely, vitamins, mineral
`supplements, shark cartilage,
`nutritional oils, protein, amino acids
`and peptides; and pharmaceuticals
`for treating disease relating to the
`weakened immune system.
`
`
`
`
`
`
`Synthetic resins for solid phase
`synthesis of biomedical reagents and
`derivatized resins
`
`
`
`
`
`-
`
`
`
`PRO-PEPTIDE
`
`2,868,194
`
`
`
`ALPHA PEPTIDE
`
`2’278’378
`
`
`
`THE PEPTIDE
`
`LABORATORY
`
`233 5 8,75 0
`
`The fact that such marks have already been approved by the USPTO is evidence of the
`
`non-descriptive nature of the term “peptide” in relation to products that contain or arguably
`
`contain peptides.2
`
`Based on the above, the Applicant submits that its mark is clearly not merely descriptive
`
`and requests that the Examining Attomey’s refusal be withdrawn and the application approved
`
`for publication.
`
` 2
`
`Applicant notes that seven (7) of the above registrations include disclaimers that include the term peptide.
`Applicant submits, however, that like its mark, these marks taken as a whole, were deemed suitable for registration
`by the USPTO.
`
`7
`
`244652—2
`
`

`
`CONCLUSION
`
`By this response, Applicant believes that it has satisfactorily addressed the issues raised
`
`by the Examining Attorney in the Office Action. Therefore, Applicant respectfully requests that
`
`the Examining Attorney approve Applicant’s PEPTIDE PLAN mark for publication at an early
`
`date. Applicant respectfully requests that the Examining Attorney telephone Timothy J. Szuhaj
`
`at 856-914-4910 if she has any fiirther questions regarding the application.
`
`Respectfiilly submitted,
`
`Date: February 24, 2006
`
`Attorney for Applicant
`Nutri/System IPHC, Inc.
`
`244652-2
`
`

`
`CERTIFICATE OF EXPRESS MAILING—37 C.F.R. § 1.10
`
`“Express Mail” mailing label number: ED 382372914 US
`
`Date of Deposit: February 24, 2006
`
`I hereby certify that this paper or fee is being deposited with the United States Postal
`Service “Express Mail Post Office to Addressee” service under 37 CFR 1.10 on the date
`indicated above and is addressed to the Assistant Commissioner for Trademarks, P.O. Box 1451,
`
`Alexandria, VA 22313-1451.
`
`Timoth J. Szuha'
`
`
`
`(Typed or printed name of person mailing paper or fee)
`
`244652-2
`
`

`
`1 of 305 DOCUMENTS
`
`Copyright 2006 Business Wire, Inc.
`Business Wire
`
`February 23, 2006 Thursday 12:00 PM GMT
`
`DISTRIBUTION: News Editors
`
`LENGTH: 720 words
`
`HEADLINE: Advitech's Dermylex'TM' will be Marketed by PhotoMedex in Five U.S. Areas by the end of February
`2006 and will be Presented at the American Academy of Dermatology Conference...
`
`DATELINE: QUEBEC Feb. 23,2006
`
`BODY:
`
`Advitech Inc. (TSX VENTURE:AVI)
`
`in San Francisco on March 2-6, 2006
`
`- Dermylex(TM) will be presented to 10,000 dermatologists
`Advitech Inc. (TSX-V: AVI) today announced that PhotoMedex Inc. (NASDAQ: PHMD), will pre-launch Der-
`mylex(TM) in five U.S. areas (San Francisco, CA, Los Angeles, CA, Dallas, TX, New York, NY and Cleveland, OH)
`during the last week of February 2006.
`
`PhotoMedex will also introduce Dermylex(TM) at the American Academy of Dermatology (AAD) Conference, the
`largest dermatology convention in the United States. The Conference will take place in San Francisco from March 2 to
`March 6 when more than 10,000 dermatologists from around the world will be welcomed.
`
`Commenting on the news, Renaud Beauchesne, Chief Executive Officer of Advitech said: "We are very pleased
`with the plan that PhotoMedex has put together for the introduction of Dermylex(TM) to the U.S. market since the day
`we signed our agreement, January 11, 2006. The pre-launch program and the introduction of Dermylex(TM) to derma-
`tologists during the AAD conference will increase product awareness and will probably open new opportunities for Ad-
`vitech."
`
`Mr. Beauchesne added: "With this pre-launch and the introduction of Der1nylex(TM) at the AAD conference by
`PhotoMedex, our plan for the U.S. market is rolling out as scheduled." PhotoMedex markets its XTRAC(laser directly
`to physicians through its sales organization for the treatment of psoriasis. Physicians also use PhotoMedex skincare
`products to improve healing, following aesthetic procedures such as laser resurfacing, laser hair removal and mi-
`crodermabrasion, and for daily use to promote healthy skin and reduce hyperpigmentation, fine lines and wrinkles. Pho-
`toMedex recently acquired ProCyte Corporation, a company that develops and markets therapeutic and daily use skin-
`care and procedure-based products to dermatologists.
`
`About PhotoMedex
`
`PhotoMedex is a leader in the development, manufacturing and marketing of medical laser products and services.
`In addition, as a result of the merger with ProCyte, PhotoMedex now develops and markets products based on its pat-
`ented, clinically proven Copper Peptide technology for skin health, hair care and wound care. The Company sells di-
`rectly to dermatologists, plastic and cosmetic surgeons, spas and salons and through licenses with strategic partners in
`the consumer market, including a long-term worldwide license agreement with Neutrogena(R), a Johnson & Johnson
`company. ProCyte brands include Neova(R), Ti-Silc(R), VitalCopper(R), Simple Solutions(R) and AquaSante(R).
`
`About Dermylex(TM)
`
`
`
`EXHIBIT A
`
`

`
`Advitech's Dermy1ex'TM' will be Marketed by PhotoMedex in
`
`Page 2
`
`Dermylex(TM) is Advitech's orally administered product for mild to moderate plaque psoriasis. Derrnylex(TM) is
`based on Advitech's XP-828L, a bioactive ingredient with proven clinical efficacy. On July 5th, 2005, the Company
`reported positive results from its Phase II clinical trial of XP-828L for treating mild to moderate psoriasis patients. The
`112-day, multi-center, double blind, placebo—controlled study, involving 84 patients, confirmed the efficacy and excel-
`lent safety profile of XP-828L for treating mild to moderate psoriasis.
`
`About Advitech
`
`Advitech is a biotechnology company specializing in the development of clinically tested bioactive ingredients for
`chronic immune-mediated inflammatory diseases (IMID), such as psoriasis and inflammatory bowel diseases. Ad-
`vitech's common shares are listed on the TSX Venture Exchange under the symbol AVI. The number of common shares
`outstanding is 54,799,818.
`
`This press release contains forward-looking statements which reflect the Company's current expectations regarding
`filture events. The forward-looking statements involve risks and uncertainties. Actual results could differ materially
`from those projected herein. The Company disclaims any obligation to update these forward- looking statements.
`
`The TSX Venture Exchange does not accept responsibility for the ad equacy or accuracy of this release.
`
`ADVITECH INC. (TSX VENTURE:AVI)
`
`CONTACT: PhotoMedex, Inc. Jack Clifford Executive vice-president (215) 619-3247 info@photomedex.com
`www.photomedex.com OR Advitech Inc. Renaud Beauchesne, MBA President and Chief Executive Officer (418) 686-
`7498, ext. 228 r.beauchesne@advitech.com www.advitech.com OR Echoes Financial Network Inc. Dominic Sicotte
`(514) 842-9551, ext. 1 www.roadshoWs.tv
`
`URL: http://www.businesswire.com
`
`LOAD-DATE: February 24, 2006
`
`

`
`9 of 305 DOCUMENTS
`
`Copyright 2006 Gale Group, Inc.
`All Rights Reserved
`IAC (SM) PROMT (R)
`Copyright 2006 Rodman Publications, Inc.
`Household & Personal Products Industry
`
`January 1, 2006
`
`SECTION: Pg. 84(3) Vol. 43 No. 1 ISSN: 0090-8878
`
`ACC-NO: 141491772
`
`LENGTH: 2379 words
`
`HEADLINE: More than chemistry: the successful cosmetic chemist must wear many hats these days: forrnulator, regu-
`lations expert and trends analyzer to name a few.
`
`BYLINE: Branna, Torn; Caridad, Ava
`
`BODY:
`
`REMEMBER THE GOOD OLD DAYS when cosmetic chemists concerned themselves with irritation profiles and
`phase separation issues? Unfortunately, in the fast-paced world of cosmetics, the folks in the lab must be well-versed in
`a variety of issues including botany, regulations and patent law, according to Harvey Gedeon, senior VP-global researcl1'
`and development, Estee Lauder Companies. Mr. Gedeon reviewed some of the challenges facing today's cosmetic
`chemist in his keynote addressat the annual meeting of the Society of Cosmetic Chemists, which washeld Dec. 8 and 9
`at the New York Hilton, New York, NY.
`
`As the industry consolidates, the market has become dominated by large multinationals with deep pockets. At the
`same time, start-up firms led by dermatologists are taking market share away from some traditional, rnid-sized firms. As
`a result, cosmetic chemists are being forced to develop more sophisticated products that provide instant and long-terrn
`benefits, noted Mr. Gedeon.
`
`"This is an exciting time," he insisted. "We are making new discoveries at a fast pace and with a level of sophistica-
`tion that is phenomenal."
`
`Yet, many of these discoveries have added new responsibilities forthe cosmetic chemist.
`
`"We have to know the difference between black and white tea and beable to explain it to senior management and
`beauty editors," he noted.
`
`But as they formulate with more exotic ingredients, chemists must consider the cost-benefit ratio very carefully--
`especially at a time when rising energy costs are sending raw material prices soaring.
`"Management expects us to create low-cost breakthrough products that are the best-in-category," he observed
`wryly.
`But before these breakthrough concepts become realities, the cosmetic chemist must be knowledgeable about prior.
`art and conduct a thorough patent search. Once the formula is finalized, the cosmetic chemist must rush to patent the
`discovery ahead of the competition.
`"Patent issues have become a minefield," he warned. "Lawsuits havebecome more frequent and expensive."
`
`But perhaps lawmakers--not lawyers--present the biggest challenge to cosmetic chemists, according to the speaker.
`In today's global markets, regulations that are passed in Europe instantly create new problems for forrnulators in Asia as
`well as North and South America. Moreover, proliferation of the intemet has splashed regulatory warnings and con-
`
`
`
`Z
`
`

`
`More than chemistry: the successful cosmetic chemist must wear many hats
`
`Page 2
`
`sumer group threats from Shanghai to Boston. Mr. Gedeon recalled that the European 7th Amendment forced Estee
`Lauder to change formulations and packaging--changes that cost the company millions with very little benefit to the
`consumer.
`
`"How many consumers are really allergic to chamomile oil," he asked the audience.
`
`But don't expect a reprieve on the regulatory front any time soon.Mr. Gedeon noted that ongoing issues such as
`Europe's REACH initiative and California's SB484 should be of great concern to everyone in the industry.
`
`"When I think about REACH, I nearly pass out!" he joked. "It is having an effect on everyone, but senior manage-
`ment really doesn't care."
`
`But care they should since REACH could force companies to reforrnulate entire product lines. Yet, even with all
`the regulatory threats, Mr. Gedeon urged the audience to get involved and stay active. '
`
`"Let's get together, develop a common agenda and fight!" he said. "Don't hide (from regulators). There is nothing '
`safer than this industry."
`
`The Science of Cosmetics
`
`Following Mr. Gedeon's presentation, Karl Krummel of L'Oreal moderated a session on new technology. Paul J.
`Matts of Procter & Gamble described how chromophore mapping can be used to explain the appearance of aging human
`skin, in vivo. He provided details on a new technique called Spectrophotometric Intracutaneous Analysis (SIA) that
`enables researchers to detect malignant melanomas, but at the same time, itcan help explain changes in human cutane-
`ous coloration with age. In a study of 400 Caucasian females, the SIA graphs revealed that, with age, there is a loss of
`density and the fine "egg-box" lattice attributed to dermal papillae. Dr. Matts went on to detail how this data can be used
`as a new documentation and measuring tool for the cosmetic chemist.
`
`Lieve Declercq, Estee Lauder, explained the bioenergetic consequence of glycation in aging human skin. She noted
`that creatine kinase is a key enzyme in the bioenergetic response of human skin. It provides a biological system to store
`the free energy of adenosine triphosphate in the form ofphosphocreatine and to release this free energy upon acute en-
`ergetic demand. In her research, Dr. Declercq found that creatine kinase is susceptible to deactivation by mediators that
`are formed during the early steps of the glycation process and upon incubation with a smoke condensate. As a result,
`she suggested that the glycation process may compromise the bioenergetic capacity of aging skin, especially in smokers.
`The final presentation during the Thursday morning session was theFrontiers of Science lecture. K. Eric Drexler of
`Nanorex, explained that nanotech's basic premise; i.e., building materials at the molecular level, gives researchers better
`control over the arrangement of atoms and, therefore, the properties of matter.
`As a result, nanotechnology has the potential to revolutionize entire industries. For example, he predicted that
`medical nanoinachines will one day be developed to seek and destroy viruses in the body.
`"As the nanotech industry continues to make gains, limitations will come, not from the technology, but by regula-
`tory agencies," he predicted.
`Skin and Hair Care
`
`Friday's program opened with a session on delivery for skin and hair. Moderated by Mindy Goldstein of Estee
`Lauder, it began with "Selecting the Optimum Silicone Particle Size/Cationic Polymer Structure to Maximize Shampoo
`Conditioning Performance" by Amerchol's Wing Li. In this study, two silicone emulsions of similar viscosity but differ-
`ent particle size were tested with a variety of cationic HEC polymers.For the silicone with the smaller particle size, the
`high molecular weight cationic HEC polymer deposited more silicone onto both darriagedand undamaged hair than the
`lower molecular weight polymer. For the silicone emulsion with the larger particle size, the cationic HEC withthe
`lower molecular weight deposited more silicone than the cationic HEC with high molecular weight. Mr. Li mdicated
`that panel studiesshow that the amount of silicone deposited correlated well with conditioning performance.
`"Malassezia and Seborrheic Dermatitis: Etiology and Treatment" by P&G's Thomas L. Lawson, Jr., Ph.D, exam-
`ined the yeast Malassezia and its role in causing dandruff and Seborrheic dermatitis (D/SD). Dr. Lawson explained that
`the common cause of D/SD is three factors: sebaceous gland secretions, which provide the substrate for Malassezia
`growth; Malassezia metabolism of the sebaceous secretions, releasing irritating unsaturated fatty acids; and individual
`susceptibility to the penetration of the fatty acids and the resultant inflarrirnation. Therefore, he concluded, the most ef-
`ficacious method for treatment is anti-fungal actives delivered from rinse-off products.
`
`

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`More than chemistry: the successful cosmetic chemist must wear many hats
`
`Page 3
`
`Hemali Gunt from the University of Cincirmati, College of Pharmacypresented "Hydration Effect on Human Nail
`Permeability." The presentation suggested that topical treatment alone is generally unable to cure onychomycosis, the
`number one nail disorder in the u.s., because of insufficient nail plate penetration and that hydration may be an impor-
`tant determinate of ungual drug delivery. The understanding of hydration effects on nail permeability may be useful
`clinically and cosmetically in topical treatments of nail disorders.
`
`Technologies for Skin Care
`
`Art Georgalas of Tri-K Industries moderated the second morning session dealing with technologies for skin care.
`Johann W. Weichers fromUniqema Applied Research, The Netherlands, presented "Formulating for Fast Efficacy." The
`lecture focused on the difficulties of delivering active ingredients to the skin. It was shown that in clinical trials in which
`36 formulations were tested for six hours, formulations with a liquid-crystalline structure gave better skin moisturization
`and elasticity as measured by the comeometer or dermal torque meter, respectively. Dr. Weichers concluded that liquid-
`crystalline emulsion structures may therefore be used when increased efficacy (and thus increased skin delivery) is
`needed for hydrophilic active ingredients and when faster efficacy (and thus faster delivery) is needed for lipopliilic
`active ingredients.
`-
`
`"Development of the Novel Plant-Derived Lanolin Substitute and itsCosmetic Applications" was presented by Yu-
`kiliiro Ohashi of Nippon Fine Chemical Co. Mr. Ohashi introduced the oligomer ester as a plant-derived lanolin substi-
`tute with a pale color, low odor, melting point of 38[degrees]C and excellent stability. The new lipid has propertiessimi-
`lar to lanolin, such as high water retention, high moisturizing effects, excellent gloss in makeup products, high pigment
`dispersion ability, good foam-stabilizing abilities and skin affiriity. Therefore, the oligomer ester is suitable for makeup,
`cleansing, skin care andhair care products. Mr. Ohashi positioned the lipid as a better alternative to lanolin, which has
`the image of being animal—based, havinglow oxidation, as well as an unpleasant odor and color.
`Actives for Skin
`
`The Friday afternoon session was moderated by Karl Popp, senior director of special projects for Steifel Laborato-
`ries. Durant Scholz opened the session with "Peptides--More Than Anti-Aging: A Novel Antimicrobial Peptide for
`Cosmetic Applications." The presentation sought to explain how peptides, as cellular messengers, are now of interest as
`components of an organism's innate immune system. While peptides are commonly associated with anti—aging cosmet-
`ics and treatments, antimicrobial peptides are now being researched as a cosmetic preservative.
`
`Mr. Scholz said that his team's interest was sparked by the lack of incidence of SARS on the Korean peninsula. It
`was postulated at thetime that consumption of kimchii, a form of cabbage fermented with Leuconostoc sp., was respon-
`sible for the apparent disease resistance. Research led to Leuconostoc Kimchii, which testing indicated would besuitable
`in most skin care and some surfactant systems, as well as form a viable part of a cosmetic preservative system.
`
`Skin Lightening Systems
`
`The next two presentations tackled skin lightening. Syrnrise's Gerhard Schrnaus introduced, "4-(1-Phenylethyl) 1,3-
`Benzenediol: A New Highly Potent Lightening Agent, " while Di Qu, R&D, skin care and cosmetics, Access Business
`Group, discussed "Improving Efficacy of Skin Lightening Products by Using Multiple Pigmentation Inhibition Mecha-
`nisms." Dr. Qu explained that light skin in Asian countries denotes a higher social and economical status, as well as a
`more elegant heritage. Therefore, skin—lightening products and a bigger market share in Asian countries.
`
`The efficacy of skin lightening products containing multiple pigmentation inhibition mechanisms was examined via
`in-vitro and in-vivo studies. The results were compared with that of formulas containing only a single inhibition mecha-
`nism. The multiple mechanism products showed higher reduction in total melanin than the single mechanism examples
`in the in-vitro efficacy studies where cultures of reconstructed human epidermis were used.
`
`"Botanicals from Traditional Chinese Medicine and Their Potential as Natural Anti-Irritants in Cosmetic Applica-
`tions" was presented by Gabriele Vielhaber of Symrise. Dr. Vielhaber explained that extracts from traditional Chinese
`medicinal plants Japanese honeysuckle, kudzuand the Japanese pagoda tree exhibit potent anti-irritant activity in human
`epidermal keritinocytes. The anti-irritant activity of these extracts does not correlate with their radical scavenging activ-
`ity, she said. Only a small part of the anti-irritant and anti-oxidant activity of the extracts could be ascribed to the re-
`spective major ingredients, thus, the presence of several ingredients in a botanical extract is apparently essential for op-
`timal efficacy.
`
`
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`More than chemistry: the successful cosmetic chemist must wear many hats
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`Page 4
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`The final presentation of the day was "Salicylic Acid Protects theSkin from UV Damage" by Thomas Mammone,
`Estee Lauder Companies. Salicylic acid, a medicinal ingredient derived from willow bark, has beenused in modern
`medicine for a long time as an analgesic. According to Dr. Mammone, studies found it to have anti-inflammatory effects
`on normal epidermal keratinocytes, significantly reduce UVB-induced sunburn cell formation and increase DNA repair,
`possibly making it a valuable topical agent to protect skin from sun damage.
`
`Paul Thau Receives