Appeal No. 94-2888
Application 07/815,457
DECISION ON APPEAL
This is an appeal from the final rejection of claims 4, 8 through 14, 16, 18
through 26, and 34. Subsequent to the final Office Action, claim 35 was added. Thus,
this appeal involves claims 4, 8 through 14, 16, 18 through 26, 34, and 35.
Claim 34 is illustrative of the subject matter on appeal and reads as follows:
34. A liquid pharmaceutical composition comprising 1) a pharmaceutically
acceptable, aqueous liquid nasal carrier; 2) a therapeutically effective amount of a
calcitonin or a pharmaceutically acceptable acid addition salt thereof, wherein said
calcitonin is selected from the group consisting of salmon calcitonin, human calcitonin,
porcine calcitonin and 1.7-Asu-eel calcitonin; and 3) about 0.002% to about 0.02% on a
weight per volume basis of a benzalkonium chloride, said composition being in a form
suitable for nasal administration.
The references relied upon by the examiner are:
Christie et al. (Christie) 4,241,051 Dec. 23, 1980
English Translation of 25197 Sep. 25, 1981
Japanese Patent Specification
(Teijin)
Chemical Abstracts No. 214933s, 19812
Ziegler et al., (Ziegler), “Nasal application of calcitonin in Paget’s disease of bone,”
Acta Endocrinol. Suppl. (215) 1978, pp. 54-55
2The examiner and appellants have relied only upon the abstract, not the
underlying full text document. For the purposes of this appeal, we, in similar fashion,
have considered only the abstract.
2
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