Appeal No. 95-4491
Application No. 07/864,210
Japan discloses the use of sodium chondroitin sulfate to5
protect the cornea from contact eyeglass injury. The last6
reference relied upon by the examiner, Chakrabarti, discloses
a polysaccharide, ichthyosan, believed to be constituted of
hyaluronic acid and chondroitin-like polymer chains.
We agree with appellants that ichthyosan as disclosed in
Chakrabarti is a single molecule and not a mixture of sodium
hyaluronate and chondroitin sulfate as in the claimed
invention (Brief, p. 18; Moll Declaration of April 29, 1993,
paragraphs 4-7). Nevertheless, the teachings of Healon and
Drugs in Japan alone support a prima facie case of obviousness
under 35 U.S.C. § 103.
According to the examiner (Answer, pp. 3-4):
[I]t is clear from the art of record that both
hyaluronic acid and chondroitin sulfate were well
known in the art at the time of the instant
invention for the protection of eyes. Therefore, a
person having ordinary skill in the art at the time
5 According to appellants, that portion of Drugs in
Japan (p. 216) relied upon by the examiner is a CHONDRON
product description. See Application 06/521,575, Paper No.
19; see also Specification, p. 3.
6 Kawano, disclosing the use of chondroitin sulfate to
treat eye diseases, is merely cumulative of the teachings in
Drugs in Japan.
8
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