Appeal No. 95-2655
Application 07/912,029
DECISION ON APPEAL
This is an appeal under 35 U.S.C. § 134 from the
examiner’s final rejection of claims 1 to 20, which are all
the claims in this application . 2
According to appellants, the present invention is
directed to physiological visco-elastic formulations which
contain hyaluronates in a balanced salt solution including
calcium and magnesium ions. One important feature of these
formulations is that they resemble or approach the composition
of the aqueous humor of the human eye. These compositions
have enhanced ocular compatability and are useful in
intraocular surgical procedures (brief, pages 1-2).
Appellants’ brief includes a statement that the claims on
appeal do not stand or fall together (page 2). Contrary to
the examiner’s assertion on page 2 of the answer, appellants
2The final rejection, mailed March 24, 1993, states that
claims 1 to 22 are pending and are rejected (see PTOL-326,
Part II, Items 1 and 4, and page 3, line 2, of the Final
Rejection). However, page 2 of the Final Rejection correctly
states that claims 1 to 20 are presented for examination and
are “again rejected”. Since appellants’ brief states that
claims 1 to 20 are pending and have been finally rejected
(page 1), the examiner’s error in the Final Rejection is
harmless.
2
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