Appeal No. 1997-0003
Application No. 08/342,614
they must be present. Biener, col. 2, lines 62-65. Moreover, when we turn to the table in
col. 2, we find that the referenced ions are present in amounts as low .001 grams in the
1000 gram (1 kilogram) composition taught by Biener. That is to say, they are only present
as trace elements. In our view, such teachings would have suggested to one of ordinary
skill in the art that the ions provided by trace elements are not essential for the treatment of
acne and seborrhea since the claimed compositions additionally contain at least one
additional therapeutic agent and a solvent. In addition, the appellant acknowledges in the
specification that it is well known that salt solutions exert an osmotic effect on the skin
which is responsible for skin shrinkage. Specification, p. 3, para. 1. Thus, in view of the
role of the salt component in the treatment of skin, and given that the osmotic effect is due
to the total ion concentration present in the composition, we find that it would have been
obvious to those of ordinary skill in the art that said effect would still occur in the absence of
the trace elements.
Claims 25 and 37 are directed to a method of treating acne using the compositions
of claims 21 and 34 wherein the salt composition comprises at least 67 weight % sodium
chloride. We recognize that the compositions taught by Biener comprise less than the
claimed amount of sodium chloride; however, the actual difference in concentration
between the prior art and claimed compositions is negligible. We point out that the claims
require as few as four (4) grams more sodium (270 grams) in a 1000 gram (1 kilogram)
composition than the amount taught by Biener (266 grams/kg). In our view, those of
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