Ex parte BROWN - Page 3




              Appeal No. 2000-0643                                                                                        
              Application 08/273,423                                                                                      
                    II.  Claims 10 through 16 under 35 U.S.C. § 103 as unpatentable over Bazzano,                        
              Kligman and Lesnik.                                                                                         
                     We reverse Rejection I, and affirm Rejection II.                                                     




                                                     DISCUSSION                                                           
                     Initially, we note the somewhat confusing statement on page 3 of the Brief regarding                 
              the grouping of claims:                                                                                     
                     Claims 1-9 comprise one group.  The claims of this group do not stand or fall                        
                     together.  Claims 10-16 comprise a second group.  The claims of this group                           
                     do not stand or fall together.                                                                       
              During the hearing on January 25, 2001, appellant’s counsel confirmed that the claims                       
              within each group stand or fall together.  Therefore, we shall limit our consideration of the               

              issues raised by this appeal as they pertain to independent claims 1 and 15.                                
                                                       Rejection I                                                        
                     Claim 1, which represents the claimed composition in its broadest aspect, is                         
              directed to a composition comprising a carrier, a corticosteroid and a vitamin A derivative,                
              in amounts effective to treat hair loss.                                                                    
                     Topical corticosteroids are used extensively to treat inflammatory skin disorders,                   
              despite their numerous undesirable side effects (skin thinning, increased transparency,                     

              telangiectasia, etc.).  Lesnik investigates the ability of the vitamin A derivative, all-trans-             



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