Ex parte BIENER - Page 8

              Appeal No. 1997-0003                                                                                          
              Application No. 08/342,614                                                                                    
              to the treatment of psoriasis and other skin diseases would have been suggested the                           
              treatment of seborrhea to those of ordinary skill in the art.   We further direct attention to our            
              discussion with respect to claim 32 and Biener’s express teaching of the treatment of                         
              acne.  Biener, col. 3, lines 28-31.                                                                           
                     Claims 22 and 35 are directed to a method of treating acne or seborrheic                               
              dermatitis using compositions having the limitations of claims 21 and 34 and which further                    
              comprise surface active agents.  Claim 22 further requires the presence of sufficient                         
              surface active agents to form a shampoo.  Here, we agree with the appellant that                              
              shampoos and surface active agents are not expressly disclosed by Biener; however, as                         
              discussed above, 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 at 947, 163 USPQ at                    
              695 (CCPA 1969).  Here, because one common location for the occurrence of seborrheic                          
              dermatitis is the scalp, we find that the suggested use of the claimed compounds for                          
              seborrhea by Biener would have fairly suggested the addition of surface active agents for                     
              topical application as a shampoo.                                                                             
                     The appellant argues that Biener discloses a composition which is analogous to the                     
              composition of Dead Sea water and the use of said composition to treat psoriasis.  Brief,                     
              p. 4.  According to the appellant, one of ordinary skill in the art would not look to the Biener              
              composition and expect it to be useful for the treatment of acne or seborrheic dermatitis.                    
              Id., p. 5.  The appellant relies on the declaration of Dr. Peter which states that he has not                 


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