Appeal No. 2000-1541
Application 08/608,954
consisting essentially of a combination of niacin and procaine hydrochloride in a
pharmaceutically acceptable carrier containing propylene glycol for penetrating the scalp
and for carrying the niacin and procaine hydrochloride therewith.
16. The composition of claim 15, wherein the niacin ranges from 0.01 to 5% of the
total composition, and the amount of procaine hydrochloride ranges from 0.1 to 5% of the
total composition.
17. The composition of claim 15, wherein the pharmaceutically acceptable carrier
further includes a carrier chosen among the group consisting of lanolin, butyl alcohol,
absolute alcohol, isopropyl alcohol and dimethyl sufloxide, or a combination of two or more
of these carriers.
The reference relied upon by the examiner is:
Szegö et al. (Szegö) 4,329,338 May 11, 1982
In addition, the examiner relies upon so-called admissions in the specification at
page 7, lines 32-45 and page 8, lines 8-30.
Claims 14 through 17 stand rejected under 35 U.S.C. § 103. As evidence of
obviousness, the examiner relies upon Szegö and the above-identified admissions. We
reverse.
DISCUSSION
The claimed invention is directed to a method for stimulating hair growth on the
scalp and compositions useful therefore which comprise procaine and niacin (nicotinic
acid). The examiner relies upon Szegö as teaching nicotinic acid as known to be a
vasodilator which may be used topically to stimulate the scalp and hair roots. In the
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