Appeal No. 95-2603
Application 07/915,871
solution of the biscyclam compound (page 2671, left column)
("1 equiv of Ni(NO ) was added to an aqueous solution of
3 2
biscyclam at pH7" and "biscyclam" is Compound 2 (page 2671,
column 2)). Since water is a known pharmaceutical carrier , 9
the claimed composition is anticipated by Fabbrizzi, even
though the utility disclosed by Fabbrizzi is different than
appellants’ utility. See Titanium Metals Corp. v. Banner, 778
F.2d 775, 782, 227 USPQ 773, 779 (Fed. Cir. 1985); In re
Wilder, 563 F.2d at 460-61, 195 USPQ at 429-30.
Claims 7 and 23 are rejected under § 102(b) as
anticipated by Barefield. As characterized on page 3 of the
specification, Barefield discloses the 2,2'-bicyclam
derivative of claims 7 and 23 (compound 2 on page 303).
Barefield teaches that this “octa-amine” (bicyclam) is very
insoluble in water and most organic solvents (see the footnote
on page 303). To recognize this insolubility, it is more
likely true than not, that Barefield intermixed these
materials, thus creating a composition of bicyclam and water
which is one of the compositions embraced by appealed claim
9 Ibid.
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