Appeal No. 1997-0003
Application No. 08/342,614
dermatitis, we agree with the examiner that Biener’s teaching of the treatment of psoriasis,
and other skin diseases, using the disclosed therapeutic compositions would have
suggested to those of ordinary skill in the art the use of the claimed compositions for
seborrheic dermatitis. We point out that it is well established that a reference must also be
considered in light of what it would have fairly suggested to those of ordinary skill in the art.
In re Betz, 418 F.2d 942, 947, 163 USPQ 691, 695 (CCPA 1969)
(“... the test of obviousness is not express suggestion of the claimed invention in any ... of
the references but rather what the references ... would have suggested to those of ordinary
skill in the art presumed to be familiar with them”). In our view, those of ordinary skill in the
art would have understood the similarity between psoriasis and seborrhea and, thus, would
1
have been motivated to employ the claimed compositions for such treatment.
Claims 12, 21, 34 and 40 are directed to methods of treating acne or seborrhea
using compositions comprising a salt composition having an ionic content within the range
disclosed by Biener, but which is free of added zinc. Claims 24 and 36 additionally
require that the salt compositions be free of added iodide, fluoride, silicate, borate, lithium,
aluminum, and iron ions. Here, we agree with the examiner that Biener discloses that the
referenced ions are preferably present in the salt mixture; however, this does not mean that
1We point out that Cecil Textbook of Medicine, Vol. 2, 18th Edition, Wyngaarden et
al., eds., W.B. Saunders Co., Philadelphia (1988), teaches the similarity between
psoriasis and seborrhea dermatitis. According to the textbook, “[i]t is sometimes difficult
to differentiate seborrhea from psoriasis when the latter is localized to the scalp, ears and
face.” Cecil Textbook of Medicine, p. 2321, col. 1, lines 2-5; copy attached to this
decision.
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