Appeal No. 1997-0003
Application No. 08/342,614
The reference relied upon by the examiner is:
Biener 4,943,432 Jul. 24, 1990
Claims 9 through 12, 16 through 21 and 23 through 40 stand rejected under
35 U.S.C. § 103 as being unpatentable over Biener.
Having carefully considered the respective positions of both the appellant and the
examiner, we affirm the rejection of claims 12, 16 through 21, 23 through 27, and 31
through 40. We reverse with respect to claims 9 through 11 and 28 through 30.
Background
The present invention is directed to a method of treating acne and seborrheic
dermatitis using therapeutic compositions comprising various salt formulations, a
therapeutic agent, and a solvent such as water. According to the specification,
It is known that salt solutions can have manifold, mainly positive effects on the skin.
Well-known is the shrinking of the skin in the ocean water when swimming for a long
time, which is caused by osmotic effects. In some cases upon frequent bathing in
sea water, a slight reduction of acne and less itching with seborrheic dermatitis
have been observed. This therapeutic effect, however, is negligibly weak and
limited to isolated cases.
The effect of Dead Sea waters on psoriasis has been therapeutically proven since
ancient times. In connection with this treatment, spontaneous healings of acne have
also been observed, but in a much too small number to justify such treatment
[specification, p. 3, paras. 1-2].
The examiner has premised his conclusion of obviousness on the teachings of
Biener, a patent which discloses therapeutic compositions for the treatment of psoriasis
and other skin diseases, such as acne. The compositions comprise a salt mixture, a
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