Appeal No. 93-3228
Application 07/796,023
bioactive polypeptide with lipid powder. The lipid powder may
be, inter alia, solid lipids, cholic acid, or preferably
cholesterol (specification, page 8, lines 2-19). The
bioactive polypeptide may be insulin or somatotropin (id., 2
page 1, lines 10-14, and page 3, lines 2-3).
A major point of contention between appellant and the
examiner is the meaning or scope of the claimed term
“consisting essentially of” (brief, pages 3-5, and the answer,
pages 3 and 9-11). The meaning of the phrase “consisting
essentially of” is well settled. The CCPA in In re
Janakirama-Rao defines “consisting essentially of” as3
follows:
The word “essentially” opens the claims to
the inclusion of ingredients which would
not materially affect the basic and novel
characteristics of appellant’s compositions
as defined in the balance of the claim...
(emphasis in original).
2 The examiner has used the word “somatotropin” and the term “growth hormone”
interchangeably (answer, page 3, line 3). Appellant has not contested this usage.
3 317 F.2d 951, 954, 137 USPQ 893, 896 (CCPA 1963). See also In re DeLajarte,
337 F.2d 870, 873-74, 143 USPQ 256, 258 (CCPA 1964), discussed on pages 3-4 of the
brief, and Ex parte Davis, 80 USPQ 448, 450 (Bd. App. 1948).
4
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