Ex parte BIENER - Page 4

              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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