Appeal No. 97-1999
Application 07/390,745
intravenous
(i.v.), subcutaneous (s.c.), intramuscular (i.m.) and
intraperitoneal (i.p.).
While Schroder certainly describes compositions
comprising 1-aminocyclopropane carboxylic acid or its lower
alkyl esters in water (Schroder, col. 12, l. 29-58), with the
possible inclusion of “salts of iron, manganese, boron,
copper, cobalt, molybdenum and zinc” (Schroder, col. 13, l.
20-25), the compositions are taught to be useful for
application to plants to regulate plant growth (Schroder, col.
21, Claim 1). While we agree with the examiner that
Schroder’s compositions for application to plants to regulate
growth may be sterile and may contain pharmaceutical grade
carriers and pharmaceutically acceptable salts in amounts
suitable for human injection, we find in Schroder no
description of the pharmaceutical compositions appellants
claim which would have reasonably placed that subject matter
in the possession of the public. Accordingly, we reverse the
examiner’s rejection of Claims 15-21 under 35 U.S.C. § 102(b)
as anticipated by Schroder.
B. The Section 103 rejection
Appellants do not appear to contest the examiner’s
finding that the combined teachings of Ross, Robinson, and
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