Appeal No. 1996-2918
Application 08/164,879
being unpatentable over Block.
OPINION
We have carefully considered all of the arguments
advanced by appellant and the examiner and agree with
appellant that the aforementioned rejection is not well
founded. Accordingly, we reverse this rejection.
Block discloses that the lachrymatory factor of an onion,
i.e., its ability to bring tears to the eyes, is a 19 to 1
mixture of (Z)- and (E)-propanethial S-oxide (page 1277).
The examiner argues (answer, page 2) that “Block et al.
teach the use of the lachrymatory factor in onion.” This
argument is not supported by the reference. Block does not
disclose a use of propanethial S-oxide but, rather, discloses
the particular ratio of diastereomers of the compound which is
responsible for the tear-forming ability of an onion.
The examiner argues (answer, page 3) that “[a]ny active
ingredient for the pharmaceutical or clinical purposes is
packaged in some type of container of dispenser” and that “to
put such agent in the conventional pharmaceutical dispensers
and determine the proper dosage is within the skill of
3
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