Ex parte MARGIT NAGY et al. - Page 4

          Appeal No. 95-2924                                                          
          Application 08/061,356                                                      

          gleaned from Grohe that oleyl oleate would have been a suitable             
          replacement for isopropyl myristate in the aerosol formulation of           
          Purewal.  As noted by appellants, although Grohe does disclose              
          spray or aerosol formulations, such preparations do not include             
          oleyl oleate.                                                               
               Furthermore, appellants’ specification includes comparative            
          data which demonstrates that aerosol formulations comprising                
          oleyl oleate are superior to aerosol formulations comprising                
          isopropyl myristate with respect to membrane diffusion of the               
          active ingredient, sodium cromoglycate.  The examiner has not               
          adequately refuted this objective evidence by noting that                   
          Composition “C” according to the present invention also contains            
          sorbitan trioleate, which is not included in the claimed                    
          composition.  This is so because the amount of sorbitan trioleate           
          is a constant in Composition “A” and Composition “C”, and,                  
          furthermore, the examiner has not explained why the presence of             
          sorbitan trioleate would undermine the superiority demonstrated             
          by oleyl oleate over isopropyl myristate.                                   
               The examiner cites Mygind in the rejection of claims 7-9 as            
          evidence of the obviousness of using a propellant mixture.                  
          However, Mygind fails to supply the requisite teaching that is              
          missing in the combined disclosures of Purewal and Grohe.                   


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