Ex parte MELLO et al. - Page 7

                 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.                                                                                                  

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