Appeal No. 1995-3232
Application 07/954,686
REPRESENTATIVE CLAIM
Claim 41, which is illustrative of the subject matter on appeal, reads as follows:
41. A method of treatment of a human requiring dialysis of the serum by use of an
aqueous solution of a physiologically acceptable mixture of glucose polymers derived from
the hydrolysis of starch, wherein at least 50% by weight of said mixture comprises
polymers having molecular weights in the range of from 5,000 to 30,000, and wherein said
mixture has a weight average molecular weight of from 5,000 to 50,000, and a number
average molecular weight of from 2,890 to 8,000 [emphasis added].
THE PRIOR ART REFERENCE
In rejecting the appealed claims under 35 U.S.C. § 103, the examiner relies on
the following reference:
Milner 4,886,789 Dec. 12, 1989
THE ISSUES
The previously entered rejection of claims 41, 42 and 44 under 35 U.S.C. § 102 as
described by Milner has been withdrawn. See the Examiner's Answer, page 2, section (4).
The issues remaining for review are:
(1) whether the examiner erred in rejecting claim 41 under 35 U.S.C. § 112, first
paragraph, as based on a specification which does not provide adequate, written
descriptive support for the invention now claimed; and
2
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