Appeal No. 94-1540
Application 07/861,558
DECISION ON APPEAL
This is an appeal under 35 U.S.C. ' 134 from the final rejection of claims 1
through 33, all the claims pending in the application.
Claim 27, the broadest independent claim pending, is illustrative of the subject
matter on appeal and reads as follows:
27. A bioadhesive composition comprising from about 3 to 15% by weight of a
water-soluble salt of a copolymer of a lower alkyl vinyl ether and maleic acid or
anhydride and from about 85 to 97% by weight of polyethylene glycol (PEG).
The references relied upon by the examiner are:
Martin 4,307,075 Dec. 22, 1981
Keith et al. (Keith) 4,764,378 Aug. 16, 1988
Blackman et al. (Blackman) 4,883,660 Nov. 28, 1989
Browning 4,948,580 Aug. 14, 1990
Repka et al. (Repka) 5,112,620 May 12, 1992
Claims 1 through 33 stand rejected under the judicially created doctrine of
obviousness-type double patenting as unpatentable over claims 1 through 15 of Repka.
In addition, claims 1 through 33 stand rejected under 35 U.S.C. ' 103 as unpatentable
over Browning in view of Blackman, Keith, and Martin. We affirm the double patenting
rejection and reverse the prior art rejection.
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