Appeal No. 2007-0091
Application No. 09/765,491
carcinoma by administering curcumin. The Examiner notes that Aggarwal
teaches that the curcumin composition can be administered in ointment form
and in a dosage ranging from 1 µg to 100 mg. (Answer 8.)
We agree with the Examiner that Aggarwal would have suggested the
method of claim 10 to those of ordinary skill in the art. Aggarwal teaches “a
method for the treatment of pathological cell proliferative diseases
comprising administration to an animal of a pharmacologically effective
dose of curcumin.” Page 5, ll. 20-23. The diseases to be treated include
psoriasis, basal cell carcinoma and squamous cell carcinoma, all of which
are recited in claim 10. Page 5, line 34 to page 6, line 1.
Aggarwal teaches that “the curcumin and curcumin analogues are
administered in a dose of from about 1 microgram to about 100 milligram.”
Page 6, ll. 9-11. Finally, Aggarwal teaches that the curcumin-containing
compositions can be administered topically (page 7, l. 27) in the form of an
ointment (page 8, l. 10). We agree with the Examiner that these teachings
would have suggested the method of instant claim 10 to a person of ordinary
skill in the art.
Appellant argues that “[t]he examiner has cited no evidence why one
skilled in the art would have any motivation to treat completely different
disorders with the claimed formulation.” (Br. 17.) Aggarwal, however,
expressly suggests treating at least three of the disorders recited in claim 10.
Therefore, this argument is unpersuasive.
Appellant also argues that “the examiner has cited no evidence . . .
why one would have any expectation of success based on a reference using a
10
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