Appeal No. 2003-1424 Page 2
Application No. 09/961,623
The examiner relies on the following references:
Klein et al. (Klein) 4,497,794 Feb 05, 1985
Gennaro et al. (Gennaro), “Remington’s Pharmaceutical Sciences”, 18th edition,
pp. 767-768 and 1329 (1990)
Dipiro et al. (Dipiro), “Pharmacotherapy: A Pathophysiologic Approach”,
pp. 23-26 (1998)
Claims 1-13 stand rejected under 35 U.S.C. § 103 as obvious in view of
Klein and Gennaro.
We reverse.
Background
“Benzoyl peroxide and urea are pharmacological agents useful for the
treatment of dermatological disorders.” Specification, page 2. A composition
comprising both urea and benzoyl peroxide could be expected to provide greater
keratolytic and antibacterial effects than benzoyl peroxide alone, “because urea
has keratolytic activity and has the property of denaturing and solubilizing
proteins in addition to antimicrobial activity.” Id., page 1. “However, benzoyl
peroxide and urea have generally been considered incompatible. . . . Benzoyl
peroxide formulations are generally most stable under acidic conditions.
However, urea containing formulations generally tend to be neutral or slightly
alkaline.” Id., page 2.
The specification discloses compositions comprising benzoyl peroxide,
urea, and a dermatologically acceptable carrier, for use in treating dermatological
disorders such as acne. See, e.g., page 9. The compositions are disclosed to
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