Appeal No. 97-1843
Application 08/092,574
(10) Godtfredsen also discloses that fusidic acid and salts thereof may be mixed
with a liquid or a solid pharmaceutical carrier, and may be used in any conventional form.
Godtfredsen, column 6, lines 18-46.
(11) Godtfredsen discloses that fusidic acid and salts thereof can be isolated in
particulate form. Godtfredsen, column 2, lines 16-21; column 5, lines 41-46. Godtfredsen
exemplifies a topical ointment in which the sodium salt of fusidic acid is used in particulate
form. Godtfredsen, column 6, lines 56-74.
In reviewing the above facts, the examiner should determine whether the subject
matter recited in claims 6 through 9 as a whole would have been obvious at the time the
invention was made to a person having ordinary skill in the art to which this subject matter
pertains over the combined disclosures of Kogyo and Godtfredsen. In determining the
patentability of claims 6 through 9, the examiner should also consider the facts presented
in the Jensen Rule 132 Declaration. Patentability is determined on the totality of the
record, by a preponderance of evidence with due consideration to persuasiveness of
argument. See Oetiker, supra. “If the appellant comes forward with reasonable rebuttal,
whether buttressed by experiment, prior art references, or argument, the entire merits of
the matter are to be weighed.” Hedges, supra.
IV. From a review of the application file, it is noted that priority under 35 U.S.C. §
119 is claimed to British patent application 8500310 filed Jan. 7, 1985. See the substitute
13
Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: November 3, 2007