Ex parte MERETE - Page 2




                   Appeal No. 97-1843                                                                                                                               
                   Application 08/092,574                                                                                                                           



                            7.  A method of treating eye infections comprising applying an effective amount of                                                      
                   an ophthalmic gel composition comprising about 1% w/v of fusidic acid in the form of                                                             
                   particles having a particle size of between 2 and 5 µm suspended in an aqueous vehicle                                                           
                   containing from 0.2 to 2% w/v of Carbopol polymer, said composition having a viscosity of                                                        
                   from 10 to about 20,000 cps at 25EC measured on a RVT Brookfield Viscosimeter and a                                                              
                   pH of from 5.0 to 6.5, said composition being applied as an eye drop into the fornix inferior                                                    
                   of the infected eye one or two times daily.                                                                                                      
                            6.  A method according to claim 7, said composition comprising                                                                          
                                      Fusidic acid                                    about 1% w/v                                                                  
                                      “Carbopol 934"                                  about 0.5% w/v                                                                
                                      Mannitol                                        about 5% w/v                                                                  
                                                                       2                                                                                            
                                      Benzalkonium chloride                           about 0.01% w/v                                                               
                                      Tetracemin disodium                             about 0.05% w/v,                                                              
                   said composition also having a pH value of approximately 5.8.                                                                                    
                            8.  A method according to claim 7, wherein the preparation is used in dosages of                                                        
                   from 5 to 100 mg.                                                                                                                                
                            9.  A method according to claim 8, wherein the preparation is used in dosages of                                                        
                   from 20 to 50 mg.                                                                                                                                
                            The references relied upon by the examiner are:                                                                                         
                   Godtfredsen et al. (Godtfredsen)                          3,072,531                    Jan. 8. 1963                                              
                   Schoenwald et al. (Schoenwald)                            4,271,143                    Jun. 2, 1981                                              


                            The references relied upon by this merits panel are:                                                                                    

                            2The term “chloride” is not present in the record copy of claim 6.  See Paper No.                                                       
                   21, filed Jul. 22, 1992.  The omission appears to be inadvertent.  In the event of further                                                       
                   prosecution, appellant  should take the appropriate action to clarify the claim language.                                                        
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