Appeal No. 1997-0003
Application No. 08/342,614
claimed range achieves unexpected results relative to the prior art range.” In re Woodruff,
919 F.2d 1575, 1578, 16 USPQ2d 1934, 1936 (Fed. Cir. 1990). As to the limitation that
the claimed compositions must contain at least 50% by weight sodium chloride, the
examiner points out that Biener teaches that the ratio of sodium:magnesium can be as
high as 266:20, thus, the preparation of the salt composition using a majority of sodium
and chloride ions would result in the formation of the claimed amount of sodium chloride.
In other words, since the concentration of sodium and chloride ions set forth in the claims,
is within the range taught by Biener (see, e.g., claim 20), the preparation of a composition
using the higher concentrations of sodium and chloride taught by the patent, manifestly,
results in a composition having the claimed amount of sodium chloride. Thus, we agree
with the examiner that a therapeutic composition comprising the claimed concentration of
at least 50% by weight sodium chloride would have been obvious to one of ordinary skill in
the art at the time the invention was made. In re Woodruff, 9191 F.2d at 1578, 16
USPQ2d at 1936.
Second, we point out that Biener discloses that the therapeutic compositions
described therein can be used to treat psoriasis and other skin diseases, and expressly
includes acne as one of said diseases. Biener, col. 2, lines 12-17; col. 3, lines 28-31.
Accordingly, contrary to the appellant’s arguments, we find that the teachings of Biener
would have suggested the use of the claimed therapeutic compounds for the treatment of
acne to those of ordinary skill in the art. As to the claimed treatment of seborrheic
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