Ex parte MELLO et al. - Page 3




          Appeal No. 95-2655                                                          
          Application 07/912,029                                                      


          do present reasons in support of this statement (see pages 12-              
          13 of the brief).  However, these reasons advanced by                       
          appellants are merely statements setting forth the limitations              
          of the dependent claims and do not provide reasons why these                
          claims are patentable over the reference.  Therefore, the                   
          claims stand or fall together.  See 37 CFR  1.192                          
          (c)(5)(1993) and In re Herbert, 461 F.2d 1390, 1391, 174 USPQ               
          259, 260 (CCPA 1972)(“While appellant’s reply brief emphasized              
          that his claims ‘are of varying scope and do not stand or fall              
          together,’ he has failed to point out what relevance the                    
          additional limitations have to the patentability of the                     
          narrower claims...”).                                                       
               The subject matter on appeal is adequately illustrated by              
          claim 1, reproduced below:                                                  
               1.  A physiological visco-elastic formulation comprising               
          hyaluronate salt in an amount in the range of about 0.1% to                 
          about 5% by weight in a balanced salt solution containing                   
          calcium ions present in a concentration in the range of about               
          2.6 mM to about 3.9 mM and magnesium ions present in a                      
          concentration in the range of about 1.2 mM to about 1.8 mM,                 
          said formulation being ionically and osmotically balanced and               
          being free of phosphates.                                                   





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