Appeal No. 1996-0944
Application No. 08/181,259
Appealed claim 30 requires a vaginal cream composition wherein the vaginal compatible carrier
is white vaseline, liquid paraffin, white wax, hydrogenated castor oil or methyl glucose dioleate.
Curtiss-Prior discloses usual excipients, e.g., carriers, for vaginal creams to include a hydrocarbon
base, e.g., white petroleum (i.e., white vaseline) and emulsifiers (col. 2, lines 14-17 and 35-39).
Therefore, it would have been obvious to use a conventional excipient such as white vaseline as a
carrier in the claimed vaginal cream as disclosed and suggested by Curtis-Prior.
Appealed claims 25-29 requires a vaginal foam composition having micronized rifaximin
particles in a vaginal compatible carrier including a thickening agent (i.e., emulsifier) and an oily
substance, wherein the foam is contained in an aluminum canister coated internally with an
epoxyphenolic resin, closed with a polyethylene valve and having a propellant gas. However, Parenti,
Remington and Curtiss-Prior suggest these added limitations as conventional in the art of foam aerosol
pharmaceutical compositions. Curtiss-Prior discloses vaginal foams containing a fluorinated
hydrocarbon propellant and a surfactant or emulsifier, as well as cetyl alcohol, stearyl alcohol and
sodium lauryl sulphate as emulsifiers (col. 2, lines 35-46). Remington discloses foam systems using a
blend of propane/isobutane or a hydrocarbon propellant (para. bridging pages 1697-98; page 1700,
col. 2, para. 1; page 1701, last para. - page 1702, col. 1, first 5 paras.); aluminum containers lined with
epoxy, vinyl or phenolic resins (page 1703, col. 2, first full para.; page 1707, col. 2, first full para.);
valves which may have dip tubes of polyethylene (page 1704, col. 2); use of lubricants, e.g., mineral oil,
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