Appeal No. 1996-0944
Application No. 08/181,259
DECISION ON APPEAL
This is a decision on appeal under 35 U.S.C. § 134 from the decision of the examiner finally
rejecting claims 25 through 29 and refusing to allow claims 24 and 30, which are all of the claims
pending in this application. Claim 24 is illustrative:2
24. A pharmaceutical composition for topical application on the vagina, the
composition being effective against the vaginal infection which is bacterial vaginosis due
to at least one of the following anaerobic bacteria Gardnerella vaginalis, Bacteroides
bivius-disiens, the species Mobiluncus and Lactobacillus and to the aerobic bacteria
Neisseria gonorrhoeae, Haemophilus ducreyi, and Chlamydia trachomatis, which
contains between 50 and 500 mg of Rifaximin and vaginal compatible carriers, said
composition being in the form of a foam or a cream.
The examiner relies upon the following references in rejecting the appealed claims:
Parenti et al. (Parenti) 5,141,953 Aug. 25, 1992
(filed Mar. 22, 1990)
The Merck Index (Merck), “An Encyclopedia Of Chemicals, Drugs, and Biologicals,”
Eleventh Edition, page 1309:8218 (1989).
Remington’s Pharmaceutical Sciences (Remington), 18th edition, pages 1694-1710 (1990).
Appellants rely upon the following references in their brief (pages 10-17) and reply brief (page
2) 3, 4:
2The amendment filed April 7, 1995 (Paper No. 8), amending claims 24 and 30 and canceling claims 31 and 32,
was entered by the examiner in the advisory action mailed April 20, 1995 (Paper No. 9).
3Exhibit G from the brief and all the references from the reply brief except for Martindale The Extra
Pharmacopoeia have not been considered because of incomplete documentation.
4Exhibits A-G were first submitted by appellants in the amendment filed July 21, 1994 (Paper No. 5).
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