Appeal No. 97-1843
Application 08/092,574
In response, the examiner removed the rejection over Hansen, without comment.
See Final rejection, Paper No. 37, mailed Jan. 31, 1995.
(1) Under 35 U.S.C. § 119, the claims in a United States application are entitled to
the benefit of a foreign priority date if the corresponding foreign application supports the
claims in the manner required by 35 U.S.C. § 112, first paragraph. In re Gosteli, 872
F.2d 1008, 1010, 10 USPQ2d, 1614, 1616 (Fed. Cir. 1989).
From a review of the priority document BP’310, it does not appear that BP’310
adequately describes the subject matter recited in claims 6 through 9 in the manner
required by 35 U.S.C. § 112, first paragraph, for the following reasons:
(a) In claim 7, the limitation “viscosity of from 10 to about 20,000 cps at 25EC
measured on a RVT Brookfield Viscosimeter” of the gel composition is not described in
BP’310.
(b) In claim 7, the recited fusidic acid particle size of between 2 and 5 µm is not
described in BP’310.
(c) In claim 7, the recited amount “about 1 % w/v” (emphasis added) of fusidic acid
is not described in BP’310. Compare BP’310, page 2, line 25, which discloses the
amount of “1 % w/v” of fusidic acid.
8
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