Appeal No. 95-2970
Application No. 07/995,106
The rejection of claims 1-27 and 35-43 stand or
fall together, as indicated by appellants[']
statement.
Where, as here, the examiner has entered separate rejections
under 35 U.S.C. § 103, and where the appellants have grouped
and argued the independent claims separately, the examiner's
statement that "[t]he rejection of claims 1-27 and 35-43 stand
or fall together" is manifestly incorrect. In our
deliberations, we have reviewed and considered each
independent claim separately.
Turning to the merits, we first consider the rejection of
claims 10 through 20 under 35 U.S.C. § 103 as unpatentable
over Klein. We agree with the examiner that Klein discloses a
peritoneal dialysis solution which comprises, as an
osmotically active agent, an osmotically effective amount of a
mixture of peptides, the mixture consisting substantially of
peptides having a molecular weight of about 300 to about 2000
daltons, and an equivalent weight between about 150 to about
1500. We disagree, however, with the unsupported conclusion
that:
[I]t would have been obvious to one of ordinary
skill to employ a molecular weight range somewhat
narrower than that suggested (300-2000 daltons) in
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