Appeal No. 95-0976
Application No. 07/936,558
a product claim which is broader than the single compound
whose antimycotic activity is exhibited in the specification.
Assuming arguendo that the examiner had established a
prima facie case to reject this claim, the examiner fails to
adequately rebut the position taken by appellants. The data
presented in the specification on pages 25-29 exhibits
antibiotic activity in vivo against one strain of yeast and
against Pneumocystis carinii. However the antibiotic
activity of one of the claimed compounds against several
strains are shown in vitro in this section of the
specification. Having shown by animal testing the
effectiveness of a compound which exhibited antibiotic
properties both in vitro and in vivo, the appellants' position
is that an adequate correlation between in vitro test data and
in vivo test data has been established. The examiner
reiterates that one example is inadequate to support many but
does not give any reasons why the correlation between in vitro
and in vivo has not been established by the data submitted in
the specification.
10
Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: November 3, 2007