Ex parte LEANDER et al. - Page 5

          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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