Appeal No. 95-4433
Application No. 07/994,040
aforementioned characteristics of crystalline azithromycin
dihydrate are significantly and unexpectedly superior to those
of crystalline azithromycin monohydrate.
Under the circumstances recounted above, it is our
determination that the evidence of record, on balance, weighs
most heavily in favor of a nonobviousness conclusion. It
follows that we cannot sustain the examiner’s § 103 rejection
of claims 1 through 3 as being unpatentable over Bright in
view of Desposato.
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