Ex parte CHANG et al. - Page 8




          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.                                                             
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