Appeal No. 94-3564
Application 07/890,314
Silson patent in its entirety, including column 1, line 71
through column 2, line 12, and Examples 1 through 12, we find
that Silson discloses far less than 32.00 weight/% of
propyleneglycol. The examiner has not pointed to any specific
portion or portions of Silson which would have led a person
having ordinary skill to the claimed subject matter, including a
hydrophilic aqueous pump spray composition containing 32.00
weight/% of 1,2-propyleneglycol. For this reason, the combined
disclosures of Aouda and Silson, regardless how viewed, are
insufficient to support a conclusion of obviousness of the
claimed subject matter.
Second, Nagy discloses an aerosol composition comprising
nitroglycerin as active ingredient which contains 10 to 49% by
weight of a C alcohol comprising two or three hydroxy groups,
2-8
e.g., propyleneglycol. The range 10 to 49% “reads on” 32.00
weight/% of 1,2-propyleneglycol recited in the claims on appeal.
However, Nagy also discloses 51 to 90% by weight of a C2-4
aliphatic alcohol, e.g., ethyl alcohol. In column 4, lines 3
through 16, Nagy stresses the importance of using a relatively
high alcohol concentration (“the alcoholic solution having high
alcohol concentration...is directly miscible with saliva, and
this results in a better and quicker adsorption of the active
7
Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: November 3, 2007