Ex parte CALANCHI et al. - Page 4




          Appeal No. 95-4962                                                          
          Application No. 07/972,660                                                  

               The references relied on by the examiner are:                          
          Ikegami et al. (Ikegami)           4,533,562                Aug.            
          06, 1985                                                                    
          Mehta                         4,800,087                Jan. 24,             
          1989                                                                        
          Remington’s Pharmaceutical Sciences, Mack Publishing, (1990)                
          pp. 1306-1307 (hereinafter referred to as “Remington”).                     
               The references relied on by appellants are:                            
          Zeitoun et al. (Zeitoun)           4,432,966                Feb.            
          21, 1984                                                                    
          Edgreen et al. (Edgreen)           4,503,030                Mar.            
          05, 1985                                                                    
               The reference of record relied on by the Board is:                     
          Eichel et al. (Eichel)             0239,361       Sep. 30, 1987             
          (Published European Patent Application)                                     
               The appealed claims stand rejected as follows:                         
               (1) Claims 1 through 3 and 7 through 10 under 35 U.S.C.                
          § 112, second paragraph, as being indefinite for failing to                 
          particularly point out and distinctly claim the subject matter              
          which applicants regard as their invention;                                 
               (2) Claims 1 through 3 and 7 through 10 under 35 U.S.C.                
          § 103 as unpatentable over Mehta in view of Remington; and                  
               (3) Claims 1 through 3 and 7 through 10 under 35 U.S.C.                
          § 103 as unpatentable over Ikegami in view of Remington.                    



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