Ex Parte Davidson et al - Page 19

                 Appeal 2007-0860                                                                                      
                 Application 10/148,535                                                                                
                        Appellants have not provided any evidence of unexpected results to                             
                 overcome prima facie obviousness (FFs 30-32).  In fact, they have admitted                            
                 the l-enantiomer has properties “broadly similar” to the racemate (FF 4).                             
                        “Granting patent protection to advances that would occur in the                                
                 ordinary course without real innovation retards progress and may, in the case                         
                 of patents combining [or using] previously known elements,” in this case the                          
                 enantiomers of MPH, “deprive prior inventions of their value or utility.”                             
                 KSR Int’l, 127 S. Ct. at 1741.  Appellants have not provided any “quid pro                            
                 quo” to justify giving them exclusive rights to using a known enantiomer of                           
                 Ritalin® to treat previously treated disorders.                                                       






                 lbg                                                                                                   


                 SALIWANCHIK LLOYD & SALIWANCHIK                                                                       
                 A PROFESSIONAL ASSOCIATION                                                                            
                 PO BOX 142950                                                                                         
                 GAINESVILLE FL 32614-2950                                                                             









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