Appeal No. 1996-2784
Application No. 08/069,069
anticonvulsant does not mean that Theeuwes describes its use
as the active agent in the controlled-released or sustained-
released dosages of that invention. Manifestly, the examiner
has not established that Theeuwes mentions valproic acid by
name. Nor has the examiner begun to establish that Theeuwes
describes valproic acid under the "principles of inherency."
The open ended description of active agents in Theeuwes which
includes drugs in general and anticonvulsants specifically
does not mean
that Theeuwes describes each and every possible compound which
meet those descriptions. Absent a fact-based explanation from
the examiner to why Theeuwes describes the subject matter of
claims 6 and 7 in their entirety, we find that the examiner
has not properly established a prima facie case of
anticipation.
The decision of the examiner is reversed.
REVERSED
5
Page: Previous 1 2 3 4 5 6 7 Next
Last modified: November 3, 2007