Appeal No. 1996-0682
Application 08/127,121
reference indicates that as carrier materials for the cream,
“[a]ll those materials can be used which are known to be
useful in the preparation of pharmacolological preparations,
provided they do not react unfavorably with the active
compound or exert some unsuitable effect together therewith.”
See column 2, lines
21-26. Thus, contrary to appellants’ arguments in the brief
at page 6, the above disclosure in Leander implies that the
problem of providing a stable pharmaceutical cream preparation
was a prior art concern. Further, Leander states that “[I]t
is within the knowledge of one skilled in the art to prepare a
suitable composition when the way of administration and other
conditions of administration are known." See column 2, lines
21-38 of Leander.
In his answer at pages 6 and 8, the examiner contends
that appellants’ claimed fractionated coconut oil cream
component “is well known in the art of pharmaceutical
compounding” and has been used in cream formulations as “a
standard carrier.” Since appellants have raised no challenge
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