Appeal No. 95-2244
Application 08/036,648
(b) a drug-delayed delivery composition in the
dosage form comprising a polymer possessing a 8,500
to 4,000,000 molecular weight that delays the
delivery of the drug from the dosage form up to
seven hours.
The examiner has not relied on any prior art in rejecting
the appealed claims but instead has rejected the claims solely
on formal grounds. Specifically, claims 19 through 26 stand
rejected under 35 U.S.C. § 112, first paragraph, on the
grounds that the claims are not "enabled" by appellants'
disclosure. We reverse.
OPINION
It appears to be the examiner's position that appellants
may not claim a "dosage form" without reciting that the dosage
form includes a body member comprising a wall surrounding an
internal structure and having an exit port. The examiner
reasons that the claims before us claim only part of the
internal structure of what appellants have defined as a
"dosage form" in their disclosure. Thus, the examiner urges
that the claims are not supported by appellants' disclosure
because appellants' disclosure does not disclose that
components "(a)" and "(b)", alone, constitute a "dosage form".
4
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: November 3, 2007