Appeal No. 1995-4072
Application No. 08/105,008
(disintegrated fragments) resulting from the disintegration of
capsules having a diameter of about 425 to about 2800 microns
being equal to or less than about 10 microns . 3
The examiner, for example, refers to the descriptions at
column 18, line 45, and column 19, line 20, of the Noda
disclosure for an aqueous, transparent composition. See
Answer, page 5. However, nowhere do such descriptions provide
an aqueous transparent composition. The descriptions relied
upon by the examiner are directed to a transparent capsule
wall film, not the transparent composition.
The examiner also does not indicate where Noda describes
a carrier containing water. Nor does the examiner explain why
the use of water as a carrier in the composition described in
Noda would have been obvious to one of ordinary skill in the
art. The examiner simply ignores appellant’s argument
3We determine that the appealed claims require all
fragments resulting from the disintegration of capsules having
a diameter of about 425 to about 2800 microns be equal to or
less than 10 microns. This interpretation is consistent with
the description at pages 17 and 18 of the specification. Note
also that the arguments advanced by both the examiner and
appellant in the Answer, the Brief and the Reply Brief support
this interpretation.
6
Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: November 3, 2007