Ex parte BIENER - Page 7

              Appeal No. 1997-0003                                                                                          
              Application No. 08/342,614                                                                                    
              ordinary skill in the art would have reasonably expected that a composition comprising 4                      
              additional grams of sodium ions would act in the same, or substantially the same, manner                      
              as the composition taught by Biener, especially since sodium chloride is not the only active                  
              ingredient in the claimed therapeutic composition.  Titanium Metals Corp. of America v.                       
              Banner, 778 F.2d 775, 782, 227 USPQ 773, 779 (Fed. Cir. 1985).  Accordingly, absent an                        
              unexpected result, we find that the claimed concentration of sodium chloride would have                       
              been obvious to one of ordinary skill in the art at the time the invention was made.                          
                     Claims 26, 27, 38 and 39 are directed to a method of treating acne using the                           
              compositions of claims 21 and 34 wherein said compositions contain 1 to 2.5                                   
              grams/kilogram bromide ions or 0.1 to 0.3 grams/kilogram of strontium ions.  Again, we                        
              find the claimed range of bromide and strontium ions are within the range taught by Biener                    
              and, thus, would have been obvious to one of ordinary skill in the art.   As discussed above,                 
              when “the difference between the claimed invention and the prior art is some range or                         
              other variable within the claims ... the applicant must show that the particular range is                     
              critical, generally by showing that the claimed range achieves unexpected results relative                    
              to the prior art range.”  In re Woodruff, 919 at 1578,                                                        
              16 at 1936.                                                                                                   
                     As to claims 16 and 17, which are directed to methods of treating seborrheic                           
              dermatitis using the compositions described in claim 34, we direct attention to our                           
              discussion above with respect to claim 33 as to why the teachings of Biener with respect                      


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