Appeal No. 97-1843
Application 08/092,574
Great Britain Patent Application (Kogyo) 2,007,091 A May 16, 1979
Hansen, S. (Hansen), “Intraocular penetration of fusidic acid with topical Fucithalmic®,”
European Journal of Drug Metabolism and Pharmacokinetics, Vol. 10, No. 4, pp 329-331
(1985)
MEDLINE abstract AN 86164451 of Hansen
Claims 6 through 9 stand rejected under 35 U.S.C. § 103. The examiner relies
upon Godtfredsen and Schoenwald as evidence of obviousness. We reverse the
rejection. In addition, we make a new ground of rejection under 37 CFR § 1.196(b) and
raise other issues for the examiner and appellant to consider.
DISCUSSION
Claim 7 is directed to a method of treating an eye infection that comprises the step
of applying an effective amount of an ophthalmic gel composition as an eye drop into the
fornix inferior of the eye (an arched shaped roof (or roof portion) of the eye). The
ophthalmic gel composition, requires, inter alia, a viscosity of from 10 to about 20,000 cps
at 25EC.
To establish prima facie obviousness of claimed subject matter, all the claim
limitations must be taught or suggested by the prior art. See In re Royka, 490 F.2d 981,
984, 180 USPQ 580, 582 (CCPA 1974). The examiner has not pointed to any specific
reason, suggestion, or motivation stemming from the prior art which would have led a
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