Appeal No. 95-4491 Application No. 07/864,210 Japan discloses the use of sodium chondroitin sulfate to5 protect the cornea from contact eyeglass injury. The last6 reference relied upon by the examiner, Chakrabarti, discloses a polysaccharide, ichthyosan, believed to be constituted of hyaluronic acid and chondroitin-like polymer chains. We agree with appellants that ichthyosan as disclosed in Chakrabarti is a single molecule and not a mixture of sodium hyaluronate and chondroitin sulfate as in the claimed invention (Brief, p. 18; Moll Declaration of April 29, 1993, paragraphs 4-7). Nevertheless, the teachings of Healon and Drugs in Japan alone support a prima facie case of obviousness under 35 U.S.C. § 103. According to the examiner (Answer, pp. 3-4): [I]t is clear from the art of record that both hyaluronic acid and chondroitin sulfate were well known in the art at the time of the instant invention for the protection of eyes. Therefore, a person having ordinary skill in the art at the time 5 According to appellants, that portion of Drugs in Japan (p. 216) relied upon by the examiner is a CHONDRON product description. See Application 06/521,575, Paper No. 19; see also Specification, p. 3. 6 Kawano, disclosing the use of chondroitin sulfate to treat eye diseases, is merely cumulative of the teachings in Drugs in Japan. 8Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 3, 2007