Appeal No. 1996-2790
Application 08/102,176
2. Obviousness
The examiner has not identified any disclosure in the applied references which
would reasonably teach or suggest that the fifteen compounds used in the claimed method
would expectedly serve to decrease the absorption or penetration of an active agent
through the skin of a mammal. Rather, the only suggestion that the fifteen compounds
possess this property is found in appellants' disclosure. Clearly, the examiner's rejection
under 35 U.S.C. § 103 is based upon prohibited hindsight. Accordingly, we reverse the
obviousness rejection.
The decision of the examiner is reversed.
REVERSED
Sherman D. Winters )
Administrative Patent Judge )
)
)
)
William F. Smith ) BOARD OF PATENT
Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
)
)
Fred E. McKelvey, Senior )
Administrative Patent Judge )
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