Appeal No. 1999-1236
Application 07/571,782
In the instant claims, the phrase “hepatic decompensation” is indefinite since the
scope of this phrase cannot be readily ascertained. It appears that liver disease can be
broadly classified as being “compensated” or “decompensated.” The problem is on what
basis an individual patient is placed in the compensated or decompensated category.
From a review of the teachings in the prior art and appellant’s own specification, it appears
that the criteria used to determine placement of a given patient into the category of having
compensated or decompensated liver disease varies from one research study to the next.
In other words, a patient which would be considered “compensated” by one group could be
considered “decompensated” by another group.
For example, Nevens (made of record in Paper No. 15) describes a study involving
the treatment of decompensated viral hepatitis B-induced cirrhosis with low doses of
interferon alpha. All patients included in the study had decompensated liver cirrhosis. The
criteria used to qualify the presence of hepatic decompensation in the patients is
described in the first column on page 16 and in Table 1 on page 16 of Nevens as follows:
5
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: November 3, 2007