Appeal No. 1996-0682
Application 08/127,121
the prior art Leander patent). However, we agree with the
examiner that it would have been prima facie obvious to
utilize the prior art “standard carrier,” fractionated coconut
oil, as a carrier material component for the podophyllotoxin
creams described in the Leander patent, invited by Leander’s
statement that all useful prior art carrier materials may be
utilized by one skilled in the art to prepare the prior art
creams especially those which do not react unfavorably with
the active compound or exert some unsuitable effect when
combined with the active compound.
Moreover, notwithstanding appellants’ arguments in the
brief, we agree with the examiner that Makino constitutes
additional evidence of the obviousness of successfully using
fractionated coconut oil in a podophyllotoxin cream
composition. In this regard, Makino teaches a cream
preparation which may include, inter alia, podophyllotoxin as
an active ingredient and may include the “normally used”
fractionated coconut oil as an oil component for a body
temperature soluble solid preparation. See Makino at column
9, line 44; column 11; lines 49-68. Thus, the examiner
persuasively argues that it would have been obvious to a
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