Appeal No. 1995-3257
Application 08/056,382
and we cannot find it. Furthermore, the claims require a
"pharmaceutically acceptable topical carrier". Examiner
takes the position that this is met by the references'
teaching of a buffer. In order to make that conclusion,
examiner would have to show that they are identical. The
mere argument that the "buffers ... are deemed to meet
the limitations of 'pharmaceutically acceptable topical
carrier'" does not satisfy examiner's burden of showing
identity in support of a rejection for anticipation under
' 102(b). The rejection is reversed.
REVERSED
WILLIAM F. SMITH )
Administrative Patent Judge )
)
)
)
) BOARD OF
PATENT
JOAN ELLIS ) APPEALS
Administrative Patent Judge ) AND
) INTERFERENCES
)
)
)
HUBERT C. LORIN )
Administrative Patent Judge )
16
Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: November 3, 2007