Appeal No. 2003-1418 Page 6
Application No. 09/056,707
provides motivation for using intact chondroitin sulfate to treat
subjects.
Appeal Brief, page 10 (emphasis in original). That is, although Ahmed suggests
treatment of asthma and allergic rhinitis with sulfated polysaccharides derived
from chondroitin sulfate and having a molecular weight of 1000 to 3000 daltons, it
does not suggest modifying the disclosed method of treatment by administering
intact chondroitin sulfate, as required by the instant claims. Wagner does not
remedy this deficiency and therefore the cited references do not support a prima
facie case of obviousness.
Summary
The references relied on by the examiner would not have suggested the
instantly claimed method to a person of ordinary skill in the art. The rejection
under 35 U.S.C. § 103 is reversed.
REVERSED
Sherman D. Winters )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
William F. Smith )
Administrative Patent Judge ) APPEALS AND
)
) INTERFERENCES
)
Eric Grimes )
Administrative Patent Judge )
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