Ex parte BIENER - Page 10

                     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                                                                              
                                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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