Appeal No. 95-2655
Application 07/912,029
BSS PLUS physiologic irrigation solutions for use during
surgical procedures of the eye (BSS is discussed on page 5 of
the specification).
The examiner’s position is that the Abstract teaches
magnesium salt as one of many ingredients in a hyaluronate
(and/or HPMC) solution (answer, pages 2-3). The examiner
further states that every claimed salt component is disclosed
by the Abstract and “[T]o modify the concentrations of the
prior art composition and use it for the same purpose would
have been within the skill of [the] artisan” (answer, page 3).
Appellants argue that the Abstract fails to establish a
prima facie case of obviousness for the following reasons: (1)
no magnesium is present in the preferred buffer solution of
the Abstract; (2) no hyaluronate salt is present in the single
example of the Abstract; (3) even when magnesium is included
in the Abstract, it occurs at a much higher concentration than
that of the appealed claims; and (4) the purpose of the
Irrigation”, Gasser et al., Am. J. Ophthalmology 99:321-328,
March 1985 (only page 322 of record).
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