Application of Ralph N. Lulek

SMITH, Judge.

Applicant appeals from a decision of the Board of Appeals which affirmed the final rejection of claims 13, 16, 17, 18 and 19 of applicant’s Application for Patent, Ser. No. 351,049, filed April 24, 1953 for “Antiseptic Soap”.

The issue here is whether a germicidal, detergent soap containing the known antibiotic neomycin in the proportions stated in the appealed claims is patentable. The rejection under 35 U. S.C. § 103 is predicated on the obviousness of incorporating neomycin with such a soap. Appellant asserts that the new and unexpected results achieved by his germicidal soap…