Appeal No. 2006-0729 Page 8
Application No. 10/322,566
Obviousness:
Claims 12-23 stand rejected under 35 U.S.C. § 103 as being unpatentable
over Chen. According to the examiner (Answer, page 6), Chen teach, inter alia,
a composition for topical use comprising ethyl linoleate and triethyl citrate.
However, as appellant points out (Brief, page 34), Chen’s invention “relates to
pharmaceutical compositions and methods for improved solubilization of
triglycerides and improved delivery of therapeutic agents.” Chen, abstract. In
this regard, we note that Chen’s compositions include “a triglyceride and a
carrier,” wherein the “carrier includes at least two surfactants, at least one of
which is a hydrophilic surfactant.” Chen, column 5, lines 10-13.
With regard to the components recited in appellant’s claimed invention,
Chen discloses ethyl linoleate as an example of a hydrophobic surfactant that
may be included in the carrier. Chen, column 22, lines 22-40. In addition, Chen
discloses triethylcitrate as an example of a solubilizer that may be optionally
included in the composition to “enhance the solubility of the therapeutic agent[ ]3
or the triglyceride.” Chen, column 33, line 62 – column 34, line 18. Therefore, as
we understand it, Chen teaches a triglyceride composition that comprises, inter
alia, ethyl linoleate and triethylcitrate.
As discussed a triglyceride would affect the basic and novel properties of
appellant’s claimed invention, and is therefore expressly excluded from
appellant’s claimed composition by use of the transitional phrase “consisting
essentially of.” Since, Chen’s compositions comprise triglycerides, we reverse
3 According to Chen (abstract), a “therapeutic agent can be incorporated into the [triglyceride]
compositions, or can be co-administered with the [triglyceride] composition.”
Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: November 3, 2007