Ex parte LEANDER et al. - Page 3




                 Appeal No. 1996-0682                                                                                                                   
                 Application 08/127,121                                                                                                                 




                          The appealed claims 25-35 and 37 stand rejected under                                                                         
                 35 U.S.C.  103 as being unpatentable over the combination of                                                                          
                 Leander, Makino, Evers and Jacobsen.  We affirm.                                                                                       
                          As background, we note that appellants’ claimed                                                                               
                 pharmaceutical cream composition is used for the treatment of                                                                          
                 psoriasis and condyloma acuminata (genital warts), and for                                                                             
                 this purpose the composition includes the active ingredient,                                                                           
                 podophyllotoxin.  See the specification at page 1.  While the                                                                          
                 use of this active ingredient for treatment of each of these                                                                           
                 diseases is known (specification, page 1, lines 20-27),                                                                                
                 appellants allege that the presence of a medium chain length                                                                           
                 liquid triglyceride, such as fractionated coconut oil,  in                                       2                                     
                 their podophyllotoxin composition unexpectedly results in a                                                                            
                 stable preparation that is effective and has few side effects                                                                          
                 when used to treat psoriasis and condyloma acuminata.  See the                                                                         
                 specification at page 2, lines                                                                                                         


                          2Fractionated coconut oil consists of a triglyceride of                                                                       
                 caprylic/capric acid (C  and C  acids).  A commercially8          10                                                                                
                 available form of fractionated coconut oil is sold under the                                                                           
                 trade name Miglyol.  See the specification at page 2, lines                                                                            
                 27-31.                                                                                                                                 
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