Ex parte KLOKKERS-BETHKE et al. - Page 6

                Appeal No. 94-3564                                                                                                            
                Application 07/890,314                                                                                                        

                         Each independent claim on appeal recites a container having                                                          
                a hydrophilic aqueous pump spray composition therein, where the                                                               
                composition comprises four ingredients in specified amounts.  The                                                             
                composition comprises 0.15 to 0.50 weight/% of nitroglycerin,                                                                 
                24.50 to 24.85 weight/% of ethanol, 32.00 weight/% of 1,2-                                                                    
                propyleneglycol and 43.00 weight/% of purified water and has a pH                                                             
                of 3 to 6.  In our judgment, the prior art references relied on                                                               
                by the examiner are insufficient to support a conclusion of                                                                   
                obviousness of claims containing those limitations.                                                                           
                         The examiner argues that it would have been obvious to add                                                           
                propyleneglycol, per the teachings of Silson and Nagy, to the                                                                 
                nitroglycerin spray of Aouda.  According to the examiner, that                                                                
                proposed modification of Aouda would have led a person having                                                                 
                ordinary skill in the art to the subject matter sought to be                                                                  
                patented in claims 16 through 24.  We disagree.                                3                                              
                         First, each claim on appeal recites a hydrophilic aqueous                                                            
                pump spray composition containing 32.00 weight/% of 1,2-                                                                      
                propyleneglycol.  The examiner has not established that Silson                                                                
                discloses that amount of propyleneglycol.  Having reviewed the                                                                

                         3   The examiner sets forth the statement of rejection in the Office Action                                          
                mailed July 21, 1992 (Paper No. 10), pages 2 and 3. In the Examiner’s Answer,                                                 
                page 3, first paragraph, the examiner states that “[t]he claims are rejected for                                              
                the reasons of record as stated in paragraph 16 of the office action mailed July                                              
                21, 1992".                                                                                                                    

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