Appeal No. 95-4491
Application No. 07/864,210
hyaluronate solution appear to have been plotted on linear
graph paper. Finally, the viscosities of chondroitin sulfate
at 4EC and 23EC have not been included.
However, the Chang Declaration of August 5, 1985, said to
demonstrate the surprisingly and unexpectedly high viscosity
of the claimed composition, is sufficient to rebut the prima
facie case of obviousness. According to Chang (Declaration of
August 5, 1985, paragraph 2):
[A] solution of methyl cellulose was mixed with a
solution of chondroitin sulfate. The viscosity of
the methyl cellulose solution was 5,857 CPS, and the
viscosity of the chondroitin sulfate solution was 3
CPS. When a solution containing both methyl
cellulose and chondroitin sulfate was prepared, the
viscosity of the mixture was found to be 5,991 CPS.
The mixture thus exhibited a viscosity of about 2%
greater than the sum of the individual viscosities
of methyl cellulose and chondroitin sulfate.
See also Specification, p. 6, line 25-p. 7, line 29. In
contrast (Chang Declaration of August 5, 1985, paragraph 3):
[A] sodium hyaluronate solution was prepared having
a viscosity of 58,700 CPS, and a chondroitin sulfate
solution having a viscosity of 10 CPS. Surprisingly
and unexpectedly solution containing both sodium
hyaluronate and chondroitin sulfate was found to
have a viscosity of 71,500 CPS. That is, viscosity
of the composition of the invention was about 22%
greater than the sum of the viscosities of the
components.
12
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: November 3, 2007