Appeal No. 97-1843
Application 08/092,574
person having ordinary skill to a gel composition having a viscosity of from 10 to
about 20,000 cps at 25EC.
Godtfredsen discloses that fusidic acid is a well-known antibiotic, which is effective
against a number of pathogenic microorganisms. See Godtfredsen, Table 1.
Godtfredsen also discloses that fusidic acid may be mixed with a liquid or a solid
pharmaceutical carrier, and may be used in any conventional form. Godtfredsen, column
6, lines 18-46. However, Godtfredsen does not disclose or suggest that fusidic acid can
be used in a gel composition that has a viscosity of from 10 to about 20,000 cps at 25EC.
Schoenwald discloses that CARBOPOL polymers can be used as carriers for
various antibiotics when the antibiotics are to be topically used. Schoenwald discloses
that the use of such polymers with an antibiotic results in long-acting well-retained gel
preparations which are especially suited for ophthalmic applications. Schoenwald,
column 1, lines 59-62; column. 2, lines 57-59. Schoenwald discloses that such gel
preparations have a viscosity of from about 40,000 to about 300,000 cps at 20 rpm
(spindle 7) at 25EC generated by an RVT Brookfield Viscometer. Schoenwald, column 2,
lines 21-26. Schoenwald does not disclose or suggest gel preparations having a
viscosity of from 10 to about 20,000 cps as recited in claim 7.
Furthermore, the examiner has failed to consider the Jørgen Roed Jensen Rule 132
Declaration, Paper No. 25, filed Jan. 6, 1993, which is discussed by appellant to support
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