Appeal No. 2003-0934 Page 2
Application No. 08/769,596
Andermann and Cornell. The examiner’s Answer refers to paper no. 13 for the
statement of the rejection. We reverse the examiner’s rejection of the claims.
DISCUSSION
Claim 8 is directed to a therapeutic wound gel consisting essentially of, by weight
percentage, about 88-97% water, about 0.4-0.6% carbomer, about 1.2-7.8% propylene
glycol, about 0.6-1.3% glycerin, about 0.5% DMDM Hydantoin, and about 0.1% of a
chondroitin sulfate and animal protein. According to the specification (page 2), “about
0.1% chondroitin sulfate and animal protein” refers to a mixture of chondroitin sulfate
and animal protein, present in the gel at about 0.1% by weight. The gel may also
include citric acid and triethanolamine.
Cornell describes “a non-cytotoxic wound hydrating gel comprising a) a
hydrocolloid mixture of sodium carboxymethylcellulose and sodium/calcium alginate,
and b) and a preservative system” (column 2, lines 16-20). “Hydrocolloids which can
optionally be used [ ] additionally . . . include Carbopol, including Carbopol 940 [at
about 0.5-0.75%],2 carrageenan, agar, and gelatin” while “[t]he preservative system
comprises dimethylol dimethylhydantoin (DMDM hydantoin)” at about “0.05-0.1% by
weight (not 0.05-1% as asserted by the examiner on page 3 of paper no. 13) and “an
antimicrobial agent and a mold and yeast inhibitor” (column 2, lines 46-60). Cornell’s
gel is anywhere from 87-97.9% deionized water, and may also contain 0.5%
triethanolamine, and as much as 10% propylene glycol or 10% glycerin. See Examples
8 and 10.
Andermann teaches that DMDM Hydantoin-containing formulations are “effective
in the treatment of malconditions of the skin, including acne” and “may also be useful in
2 Carbopols® are acrylates/C10-30 alkyl acrylate crosspolymers, with the
CTFA/INCI designation “carbomer.”
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