Appeal No. 94-3564
Application 07/890,314
ingredient”; “the high alcohol concentration results in local
hyperaemia, which also leads to a better and quicker
resorption”). In contrast, each independent claim on appeal
recites a hydrophilic aqueous pump spray composition containing
24.50 to 24.85 weight/% of ethanol. We disagree that a person
having ordinary skill would have found it obvious to modify
Aouda’s nitroglycerin spray by adding 32.00 weight/% of
propyleneglycol from the range set forth by Nagy, but refrain
from using 51 to 90% by weight ethyl alcohol which Nagy requires.
As stated in In re Kamm, 452 F.2d 1052, 1057, 172 USPQ 298, 301-
302 (CCPA 1972), quoting from In re Wesslau, 353 F.2d 238, 241,
147 USPQ 391, 393 (CCPA 1965),
It is impermissible within the framework of
section 103 to pick and choose from any one
reference [Nagy] only so much of it as will
support a given position, to the exclusion of
other parts necessary to the full apprecia-
ion of what such reference fairly suggests to
one of ordinary skill in the art.
We believe that this has been done here. In our judgment,
therefore, the combined disclosures of Aouda and Nagy are
insufficient to support a conclusion of obviousness of the claims
on appeal.
Without the benefit of appellants’ disclosure as a
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