Appeal No. 2007-0055 Page 16
Application No. 10/053,299
Claim 18
Claim 18 is directed to a composition in the form of a toothpaste or gel. As
pointed out by the Examiner (Answer 23), Zeng teaches that its composition may be a
gel. Zeng, column 4, line 53; column 5, line 56; claim 5. Appellants did not identify an
error in this finding. Br. 29. Consequently, we affirm the rejection of claim 18.
Claim 31, 32, 34
Claims 31 and 32 require the composition to be a wound ointment or cream.
Claim 34 recites that it is “in the form of a skin ointment or cream.” We agree with the
Examiner (Answer 23-24) that Zeng teaches that his composition can be in various
forms, including a cream. Column 4, line 52. Appellants have not provided any
evidence to distinguish the claimed ointment or cream from the composition described
by Zeng. Consequently, we affirm the rejection of claims 31, 32, and 34.
Claim 44
Claim 44 is directed to a method of treating an infection which is caused by
bacteria. Zeng teaches that vaginally administering a composition comprising amino
acids can alter “metabolic processes of bacteria” and “bacterial flora” which are present
in the vagina. Zeng, column 3, lines 45-47; column 6, line 65. By doing so, vaginal
acidity is reduced, treating various vaginal disorders, including high acidity vaginitis and
fungal vaginitis. Id., column 1, line 65-column 2, line 5. Giving the claim its broadest
reasonable interpretation, we construe it to include methods in which the infection
results in high acidity vaginitis or fungal vaginitis. Thus, we concur with the Examiner
that “Zeng’s formulation clearly provides for the effective treatment of bacterial
conditions, as claim[ed] by Appellant[s].” Answer 24.
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