Ex parte MELLO et al. - Page 6

          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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