Appeal No. 1997-2750
Application 08/191,734
(4) the above-cited prior art references.
On consideration of the record, including the above-listed materials, we affirm the
examiner's decision rejecting claims 1 through 10. We also affirm the examiner's decision
rejecting claims 11 through 22, however, with respect to the latter claims, applicants may
treat our “affirmance” as though it were a new ground of rejection entered under the
provisions of 37 CFR § 1.196(b). We reverse the examiner's decision rejecting claims 23
and 24.
DISCUSSION
Kligman discloses a topical pharmaceutical composition in the form of an aqueous
gel comprising (a) a safe and effective amount of an anti-acne drug; and (b) a suitable
quantity, for example, from about 0.1% to 5.0% by weight, based on the total weight of the
composition, of a gelling or thickening agent. Non-limiting examples of such gelling or
thickening agents are enumerated in Kligman, column 3; Example 2A bridging columns 6
and 7; and Example 2T bridging columns 10 and 11. Note particularly polyacrylamide
listed at column 10, line 66.
The SALCARE SC92 brochure discloses that SALCARE SC92 is a gelling agent
or thickener useful in formulating aqueous gels to be administered topically for cosmetic or
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