Appeal No. 1997-2198
Application 08/262,953
why optimizing Brodbeck’s nursery powder composition or
Ercoli’s fungicidal agent would produce the relative component
proportions recited in appellant’s claims, which appellant has
found to be proper for a composition directed toward a
different use, i.e., treating alopecia areata or male pattern
baldness.
The examiner argues that Gibson discloses in examples 19-
24 a composition containing starch, boric acid and zinc oxide
(answer, page 4). The compositions in these examples,
however, are powders and do not contain water. Other
compositions disclosed by Gibson contain water. The examiner,
however, has not explained why Gibson would have fairly
suggested, to one of ordinary skill in the art, use of starch,
boric acid and zinc oxide in combination with water.
The examiner argues, regarding claim 8, that appellant
should have considered the references in combination (answer,
page 9). The examiner, however, has provided no argument
regarding how the combined teachings of the references would
have fairly suggested, to one of ordinary skill in the art,
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