Appeal No. 97-1843
Application 08/092,574
not clear whether appellant intends the claims to encompass only materials sold under the
trademarks/trade names, or whether appellant intends the claims to encompass
components of the type sold under those trademarks/trade names, regardless of the
manufacturer. Also the use of a trademark in a claim to identify or describe a material or
product may constitute an improper use of the trademark.
Claims 8 and 9 recite “the preparation,” which lacks unambiguous antecedent basis
in claim 7 from which claims 8 and 9 depend. Claim 7 recites “an ophthalmic gel
composition” and “fusidic acid in the form of particles.” It is not clear to what “the
preparation” recited in claims 8 and 9 refers.
OTHER ISSUES
If prosecution is resumed on this subject matter in this application, the examiner and
appellant should consider the following issues.
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