Ex parte LEANDER et al. - Page 11




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


          podophyllotoxin for treating condyloma acuminata.  Suffice it               
          to say that since the effective amount of the active                        
          ingredient for the treatment of psoriasis is substantially the              
          same as the effective amount of the active ingredient for                   
          treating genital warts (specification, page 2, lines 8-15 and               
          lines 19-24), this claimed requirement which is directed to                 
          the intended use of the composition does not serve to                       
          differentiate the claimed composition from that of Leander.                 
          Again, see Leander at column 4, lines 27-29.  Accordingly, we               
          also affirm the rejection of appealed claims                                
          31-35.                                                                      
               The decision of the examiner, accordingly, is affirmed.                
               No time period for taking any subsequent action in                     
          connection with this appeal may be extended under 37 CFR                    
           1.136(a).                                                                 
                                      AFFIRMED                                        

                                                       )                              
                         ANDREW H. METZ                     )                         
                         Administrative Patent Judge   )                              
                                                       )                              
                                                       )                              
                                                       ) BOARD OF PATENT              
                         JOHN D. SMITH                 )                              
                         Administrative Patent Judge   )   APPEALS AND                
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