Appeal No. 1997-2828
Application No. 08/087,548
compounds may be applied topically to a small area in order to become systemically
absorbed to control insect or parasite infections, internally or externally. Answer,
page 9.
Finally, the Abber reference is provided by the examiner as evidence of the use
of polybutene compounds in formulating compositions for transdermal therapeutic
devices. Answer, page 10. The examiner suggests that the prior use of polybutene for
transdermal formulations would have motivated the skilled artisan to employ these
compounds in other transdermal formulations, and enjoy a reasonable expectation of
therapeutic success.
The examiner summarizes his position as follows (Answer, pages 10-11):
The examiner cited prior art teachings setting forth the claimed active
ingredients as useful in transdermal drench compositions for the same
therapeutic use, and the individual carriers and excipient as old for
transdermal use would have motivated the skilled artisan to combine the
instant teachings into the claims of the instant application.
The appellants argue that a prima facie case of obviousness has not been
established by the examiner as 1) the collective art fails to suggest the non-aqueous
solvent system of the invention, 2) the desirability of combining the reference teachings
to arrive at the present pour-on formulations is totally missing, and 3) without
appellant’s claims as a blueprint, the practitioner would not be motivated to make or use
the unique oil based, water immiscible pour-on formulations of the LL-F28249
compounds. Reply Brief, page 2.
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