Appeal No. 1996-2790
Application 08/102,176
wherein W , W and W are each divalent oxygen, n is 2 and R is a straight chain alkyl1 2 3
radical containing 6 to 20 carbon atoms;
wherein when the skin of said mammal is exposed to bioactive agents, the
passage of said bioactive agents through the skin is decreased.
The references relied upon by the examiner are:2
Smith et al. (Smith) 3,100,180 Aug. 6, 1963
Rajadhyaksha 4,960,771 Oct. 2, 1990
Aungst 5,091,379 Feb. 25, 1992
Claims 46 through 49 stand rejected under 35 U.S.C. § 112, first paragraph
(enablement). In addition, claims 46 through 49 stand rejected under 35 U.S.C. § 103. As
evidence of obviousness, the examiner relies upon Smith, Rajadhyaksha and Aungst. We
reverse.
2The examiner also cites International Publication No.: WO 90/00407 which lists
Vithal J. Rajadhyaksha as applicant and inventor. In addition, the document lists U.S.
Application 2,18,316, filed July 12, 1998 as a priority application. This application issued
as U.S. Patent No. 4,960,771 and is relied upon by the examiner. The examiner has not
distinguished between the two patent documents to Rajadhyaksha in making the rejection.
We have considered both documents and will simply refer to them collectively as
Rajadhyaksha.
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