Appeal No. 2003-1042 Page 2
Application No. 09/019,764
(a) approximately 1.5% benzyl alcohol;
(b) approximately 0.225% methyl paraben sodium, approximately 0.025%
propyl paraben sodium, and approximately 0.9% benzyl alcohol; and
(c) approximately 0.225% methyl paraben sodium, approximately 0.025%
propyl paraben sodium, and approximately 0.375% 2-phenoxyethanol.
4. Vaccines prepared by the method of claim 2.
The examiner relies upon the following references:
Belanger et al. (Belanger) 5,087,638 Feb. 11, 1992
Fox et al. (Fox) 5,540,033 Jul. 30, 1996
Cleland et al. (Cleland) 5,643,605 Jul. 1, 1997
Claims 2, 4 and 7-13 stand rejected under 35 U.S.C. § 112, second
paragraph, for failing to particularly point out and distinctly claim the subject
matter that appellant regards as the invention. Claims 2. 4 and 7-13 also stand
rejected under 35 U.S.C. § 103(a) as being obvious over the combination
Cleland, Belanger and Fox. After careful review of the record and consideration
of the issues before us, we reverse both rejections.
DISCUSSION
1. Rejection under 35 U.S.C. § 112, Second Paragraph
Claims 2, 4 and 7-13 stand rejected under 35 U.S.C. § 112, second
paragraph, as being indefinite for failing to particularly point out and distinctly
claim the subject matter which appellant regards as the invention.
According to the rejection,
Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: November 3, 2007