Appeal No. 98-1012
Serial No. 08/117,342
examiner=s answer (paper no. 50, mailed June 20, 1997);
fourth reply brief (paper no. 51, filed July 16, 1997);
supplemental examiner=s answer (paper no. 53, mailed October
16, 1997); and,
fifth reply brief and declaration under Rule 132 (paper no.
54, filed November 17, 1997).
The major factor for prolonging the prosecution was to
clarify the function of Cefsulodin as a non-coliform Gram-
negative bacteria suppressing agent. This limitation now
1
appears only in pending claim 5.
Claim 5 was initially rejected (final rejection, paper no. 32, p. 4) under 35 U.S.C. ' 103
over Manafi in view of Edberg and Kradolfer (US Patent No.
4,263,280). Kradolfer, according to the examiner, applied
because it
Ateaches that cefsulodin sodium is an antibiotic whose
action is directed against Gram negative cocci (non-coliform
Gram negative bacteria), and Gram positive cocci and bacteria.
Cefsulodin, however, has insignificant action against
enterobacteria such as E. coli and other gram negative
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