Appeal No. 2005-0403 Page 5
Application No. 09/748,466
that the amount of insulin present in the composition disclosed by Hinson is
ineffective in their claimed method, or that Hinson’s composition is distinct from
the composition consisting essentially of insulin as set forth in appellants’ claimed
method.
Accordingly, we affirm the rejection of claim 5 under 35 U.S.C. § 102(b) as
anticipated by Hinson. As discussed supra claims 9-14 and 16 fall together with
claim 5.
No time period for taking any subsequent action in connection with this
appeal may be extended under 37 CFR § 1.136(a).
AFFIRMED
)
Donald E. Adams )
Administrative Patent Judge )
)
) BOARD OF PATENT
)
Demetra J. Mills ) APPEALS AND
Administrative Patent Judge )
) INTERFERENCES
)
)
Lora M. Green )
Administrative Patent Judge )
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