Appeal No. 2001-0120 Page 2
Application No. 08/695,393
(a) an anesthetic selected from the group consisting of
esters, amides and ethers; and
(b) a surfactant selected from the group consisting of
anionic, nonionic and cationic surfactants.
The references relied upon by the examiner are:
Partain, III et al. (Partain) 4,946,870 Aug. 7, 1990
Bockow 5,650,157 Jul. 22, 1997
Cassuto et al. (Cassuto) EP 0 446 225 B 1 Aug. 18, 1991
GROUNDS OF REJECTION
Claims 1-9 stand rejected under 35 U.S.C. § 103 as being unpatentable
over Bockow.
Claims 1-9 stand rejected under 35 U.S.C. § 103 as being unpatentable
over Cassuto in view of Partain.
We reverse.
DISCUSSION
Bockow:
According to the examiner (Answer, page 4), “Bockow teaches topical
compositions for treating burns comprising a local anesthetic, such as tetracaine,
benzocaine, or lidocaine … in a range of from about 0.1% to 5% by weight of the
composition….” In addition, the examiner finds (id.), “Bockow teaches anionic,
cationic, or non-ionic emulsifiers in the topical compositions and cites sodium
lauryl sulfate and quaternary ammonium salts as examples.”
In response to the examiner’s rejection, appellant argues, inter alia, that
Bockow does not suggest the combination or use of an anesthetic and surfactant
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