Appeal No. 1997-0003
Application No. 08/342,614
appellant’s statements in the amendment filed in Paper No. 6. In said amendment, the
appellant allegedly compares the salt composition of Dead Sea water with the
composition described in claim 34. The composition of Dead Sea water is said to be
derived from a publication by Drugan. However, because the appellant has only provided
a single page from said publication and that page is not in English, we have not
considered the reference. Moreover, even assuming arguendo, that the composition of
Dead Sea water and the appellant’s calculations of the amount of sodium chloride present
therein are correct, it is not material to the rejection. The rejection is over the use of the
therapeutic compositions taught by Biener to treat acne, and not the use of Dead Sea
water.
II.
As to claims 9 through 11 and 28 through 30, we do not find that the claimed ions
are all within the ranges taught by Biener. In particular, we note that the claims are directed
to use of 60 to 120 g/kg sulfate in the salt mixture; whereas, Biener discloses the use of
0.2 to 22 g/kg sulfate. The examiner has not provided any reasons as to why one of
ordinary skill in the art would have been motivated to modify the composition taught by
Biener by increasing the concentration of sulfate ions approximately three (3) to four (4)-
fold. Rather, the examiner merely states that “[i]t is a matter of ordinary skill in the art to
increase the proportion of sulfate ... to optimize the salt mixture for the treatment of a
particular disease such as acne.” Answer, p. 6. The examiner has not provided any
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