Ex parte MELLO et al. - Page 8

          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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