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.
3
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