Ex parte LEANDER et al. - Page 10




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


               In light of the above, we agree with the examiner that                 
          the combined teachings of the references relied upon by the                 
          examiner are adequate to establish a prima facie case of                    
          obviousness for the subject matter defined by appealed claim                
          25.  To the extent that appellants’ specification asserts that              
          the claimed composition is allegedly unexpectedly stable and                
          has demonstrated an alleged “superior effect in comparison                  
          with placebo after only four weeks of treatment” of patients                
          suffering from psoriasis (specification, page 2, lines 1-6 and              
          page 4, lines 21-36), we note that appellants have offered no               
          data with respect to these properties or effects for the                    
          claimed compositions or for the prior art creams described in               
          Leander, the closest prior art.  Accordingly, we find that the              
          subject matter defined by appealed claim 25 would have been                 
          obvious within the meaning of 35 U.S.C.  103, and we                       
          therefore affirm the rejection of this claim.  Since appealed               
          claims 26-30 and 37 fall with appealed claim 25, we                         
          necessarily also affirm the rejection of these claims.                      
               Appellants ask for separate consideration for the subject              
          matter defined by appealed claims 31-35 which relates to a                  
          cream preparation containing an effective amount of                         
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