Appeal No. 95-2655
Application 07/912,029
magnesium is different in the Abstract than in the present
application (see the brief, pages 5-7 and 9-10).
It is clear from Yamamoto that magnesium and calcium ions
are present in buffered solution with hyaluronate salt (see
the second example of the translation at page 6). This
“Embodiment 2" of Yamamoto rebuts appellants’ first two
arguments. Regarding the argument that the
concentration of the magnesium taught by Yamamoto was higher
than appellants’ claimed concentrations , it would have been 6
well within the skill of the art to modify the concentrations
disclosed by Yamamoto in light of the teaching by Yamamoto
that “[A]djustment is desired so that it has a liquid
characteristic resembling the nature and concentration
existent within the aqueous humor within the eye” (page 3).
Given the well known composition and concentrations in the
aqueous humor of the human eye (see Gasser), it would be
6Appellants present the differing concentrations on page
6 of the brief without explanation as to how the mM
concentration of Mg was calculated for the Abstract. From our
calculations, the Mg concentration of the Abstract is 2.5 mM
(1 mole MgSO /120.3 g X 1000 ml/1 liter X 0.03 g MgSO /100 ml4 4
of solution). However, since this value is similar to
appellants’ calculated value of 2.63, for purposes of this
appeal we will use appellants’ value.
7
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: November 3, 2007