Appeal 2007-3216
Application 10/271,433
over Brown-Skrobot (U.S. Pat. No. 5,547,985, issued Aug. 20, 1996) in
view of Mitra (U.S. Pat. No. 5,686,088, issued Nov. 11, 1997) (Answer 3).
We select claims 1 and 41 as representative of the appealed claims.
Claims 1 and 41 read as follows:
1. A method of inhibiting the production of TSST-1 from Gram
positive bacteria located in and around the vagina of a woman,
the method comprising
exposing the Gram positive bacteria located in and
around the vagina of the woman to a liquid vaginal formulation
comprising a pharmaceutically acceptable carrier and an
effective amount of a first active ingredient selected from the
group consisting of hexachlorophene, benzylparaben, benzyl
salicylate, benzophenone-6, benzophenone-7, benzophenone-8,
benzophenone-9, benzophenone-10, benzophenone-12,
benzophenone-1, benzophenone-2, benzophenone-3,
chlorophene, 2,4-diaminodiphenylamine, dichlorophene, HC
Green No. 1, HC Orange No. 1, HC Red No. 1,
isopropylbenzylsalicylate, and phenyl salicylate, wherein the
vaginal formulation is suitable for use in a woman’s vagina.
41. The method as set forth in claim 1 wherein the first active
ingredient is present in an amount of about 2.5 x 10-4% (w/w).
FINDINGS OF FACT
Brown-Skrobot
B1. According to Brown-Skrobot, “many women use liquid vaginal
douches to irrigate and cleanse the vagina and prevent vaginal infections”
(Brown-Skrobot, at col. 1, ll. 25-27). Several prior art compositions are
described by Brown-Skrobot, including compositions that contain
germicidal surfactants (Brown-Skrobot, at col. 1, ll. 38-60).
3
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