Appeal No. 1997-1705
Application 08/211,352
(1989).
Barry J. Snow et al. (Snow), “Treatment of Spasticity with
Botulinum Toxin: A Double-Blind Study”, 28 Ann. Neurol. 512-15
(1990).
Joseph Jankovic & Mitchell F. Brin (Jankovic), “Therapeutic
Uses of Botulinum Toxin”, 324 New Eng. J. Med. 1186-94 (1991).
THE REJECTIONS
Claims 1-4, 6, 7 and 10-17 stand rejected under 35 U.S.C.
§ 103 as obvious over Jankovic in view of Snow or Das, and
under 35 U.S.C. § 112, first paragraph, on the ground that the
original specification does not provide adequate written
descriptive support for the invention as now claimed.
OPINION
We have carefully considered all of the arguments
advanced by appellant and the examiner and agree with the
examiner that the claimed invention would have been obvious to
one of ordinary skill in the art at the time of appellant’s
invention over the applied references. Accordingly, we affirm
the rejection under 35 U.S.C. § 103. We also affirm the
rejection of claims 1-4, 7, 10-12, 15 and 16 under 35 U.S.C.
§ 112, first paragraph, but reverse the rejection under 35
U.S.C. § 112, first paragraph, of claims 6, 13, 14 and 17.
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