Appeal No. 95-4824
Application 07/966,163
material is a complex, the examiner states that “a complex is
considered to be a mixture of interconnected parts or
ingredients. The Examiner sees the complex as a mixture of
bismuth or bismuth-containing ingredients combined with
polyacrylates to treat inflammatory bowel diseases” (answer, page
6).
Appellants provide (brief, page 7) a definition of “complex”
from Collins Dictionary (2d ed. 1986), which is:
... a chemical compound in which molecules, groups
or ions are attached to a central metal atom, esp. a
transition metal atom, by coordinate bonds. 9. any
chemical compound in which one molecule is linked to
another by a coordinate bond.
This definition is consistent with that in two other
dictionaries. Accordingly, we interpret appellants’ claims as2
requiring that the polyacrylate be attached to the bismuth by
coordinate bonds.
The examiner has not carried his burden of establishing a
prima facie case of obviousness of appellants’ claimed invention
2Gessner G. Hawley, The Condensed Chemical Dictionary (10th
ed., Van Nostrand Reinhold 1981); McGraw-Hill Dictionary of
Scientific and Technical Terms (2d ed., McGraw-Hill 1978).
-5-5
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