Appeal No. 94-4129
Application 07/953,439
DECISION ON APPEAL UNDER 35 U.S.C. § 134
1. Introduction
This is an appeal from an examiner’s rejection of
Claims 16-19. Nonelected Claims 11-15 and 20 have been
withdrawn from further consideration by the examiner in
accordance with
37 CFR § 1.142(b). Claims 16-19 stand finally rejected under
35 U.S.C. § 103 as being unpatentable in view of the combined
teachings of Davis, U.S. 4,663,318 (patented May 5, 1987), and
Bundesrepublik Deutschland Patentschrift DE 3,843,239
(published February 22, 1990). Though the examiner named the
German patent publication as the basis for the rejection, both
the examiner and appellant have throughout the prosecution of
this application liberally referred to its U.S. counterpart,
Hille et al.
(Hille I), U.S. 5,089,267 (patented February 18, 1991; prior
art under 35 U.S.C. § 102(e) based on its U.S. filing date of
December 18, 1989), as the English translation. So shall we.
Appellant cites Wislicki, “Nivalin (Galanthamine
Hydrobromide), An Additional Decurarizing Agent, Some
Introductory Observations,” British Journal of Anaesthesia,
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