Appeal No. 1996-0605
Application 07/989,593
See, Lichtenberger, column 21, lines 57- column 22, line 2.
The initial burden of presenting a prima facie case of obviousness rests
on the examiner. In re Oetiker, 977 F.2d 1443, 1445, 24 USPQ2d 1443, 1444
(Fed. Cir. 1992). On the record before us, the examiner has not provided
sufficient evidence to support a conclusion that the claimed subject matter would
have been prima facie obvious within the meaning of 35 U.S.C. § 103 at the time
of the invention. Lichtenberger does not teach a liposomal composition wherein
both vitamin E and C are distributed with in the liposome as required by the
claims on appeal. We, therefore, reverse the rejection of claims 8, 11, 14 and
23-32 under 35 U.S.C. § 103 over Lichtenberger.
ONDROX IN COMBINATION WITH MOTOYAMA:
The examiner states “UNIMED’s advertisement on ONDROX shows the
availability of mixtures of several antioxidants in a sustained release formulation.
UNIMED teaches that the amounts of the antioxidants are theoretically
synergistic (note the entire advertisement). UNIMED on cover page also teaches
the reasons for the administration of antioxidants.” See, Answer, pages 7-8,
bridging paragraph. At page 8 of the Answer, the examiner states “Motoyama
teaches the synergistic antioxidant effect of vitamins E and C in liposomes (note
the abstract). Motoyama further discloses the antioxidant, glutathione. (page
656, column 1).” At page 8 of the Answer, the examiner concludes that::
The use of liposomes taught by Motoyama in
the teachings of UNIMED would have been obvious
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