may be used in pharmaceutical compositions" (Final Rejection,
Paper 8, page 3; Examiner's Answer, Paper 12, page 4). We
construe the examiner's finding, as applied to claim 37, to be
that the PCT application describes compounds within the scope of
claim 37 and that those compounds may be used in combination with
a pharmaceutically acceptable carrier.
10. The examiner's findings are supported by
substantial evidence.
11. The PCT application describes compounds having the
general formula M)L)Q, where the M moiety falls within the scope
of the heterocyclic compounds mentioned in claim 37 (PCT
application, page 3). The Q moiety also falls within the scope
of the heterocyclic compounds of claim 37.
12. The compounds described by the PCT application
are said to be useful in combination with a "pharmaceutically
acceptable carrier or excipient" (PCT application, page 42,
line 17).
13. The PCT application goes on to say that the
compounds may be administered or applied in the form of an
ointment, a lotion or a cream (PCT application, page 45,
lines 5-7).6
14. The examiner found that Hamilton "discloses
compounds that are the compounds of the instant compositions of
6 The mode of administrative described in the PCT application is
essentially the same as that described by applicants ( see specification,
page 37).
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