Appeal No. 95-2655
Application 07/912,029
routine experimentation to determine the optimum
concentrations of each component of the formulation of
Yamamoto. The concentrations would not have to be exactly the
same as in the aqueous humor of the human eye (note the
differing concentrations of the components for BSS and BSS
PLUS). Appellants have failed to note that the concentration
of the other important ion (calcium) disclosed by the Abstract
is very similar to the aqueous humor of the human eye (1.82 mM
of calcium in the Abstract vs. 1.8 mM from Gasser) but the
concentration of calcium in the appealed claims is much higher
(2.6 to 3.9 mM, see claim 1).
As to appellants’ final argument, we can find no support
in the Abstract or Yamamoto for appellants’ allegation that
magnesium is only present in the reference as a counter or
carrier ion for sulfate. It appears, since sulfate is not
listed as a constituent of the human aqueous humor (see
Gasser), that magnesium is the important ion and that sulfate
is only used as a counter or carrier ion.
The Abstract and Yamamoto disclose every aspect of the
claimed subject matter except the specific concentrations.
These concentrations, as noted above, would be well within the
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