Appeal No. 1995-4434
Application No. 07/988,023
This appeal was taken from the examiner's decision
rejecting claim 1. Claims 3 through 15, which are the only
other claims remaining in the application, stand allowed.
Claim 1 reads as follows:
1. An aqueous peritoneal dialysis composition sterile
and free from pyrogens which is used for introduction into the
abdominal cavity for removal of water and waste products by
dialysis across the peritoneal membrane comprising a water
soluble glucose polymer mixture derived from the hydrolysis of
starch containing at least 36.7% by weight of glucose polymers
having a degree of polymerization (D.P.) of more than 12
glucose units, said glucose polymer mixture being present in
the peritoneal dialysis composition as an osmotic agent and
said peritoneal dialysis composition having an osmolality of
about 265 to 378 mOsm/kg. [Emphasis added].
The reference relied on by the examiner is:
Silk et al. (Silk) WO 82/03329 Oct. 14, 1982
(International patent application)
The issue presented for review is whether the examiner
erred in rejecting claim 1 under 35 U.S.C. § 103 as
unpatentable over Silk.
On consideration of the record, we shall not sustain this
rejection.
DISCUSSION
We first invite attention to parent Application No.
07/335,750 filed April 10, 1989 (Paper No. 15), where another
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