Appeal 1997-2447
Application 08/248,500
U.S. Patent 5,192,535 (1993) and Nagy, U.S. Patent 4,960,799
(1990), it is
ORDERED that the rejection is reversed and the
application is remanded for further proceedings not
inconsistent with the views expressed herein.
FURTHER ORDERED that applicants' request for oral
argument has been rendered moot.
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The claims cover an ophthalmic composition having a
suspension portion and a solution portion, each containing an
active drug. In a light most favorable to the position taken
by the examiner, Patel and Davis describe ophthalmic
compositions in the form of suspensions. Nagy describes
ophthalmic compositions in the form of solutions. The
examiner reasons that somehow Patel and Davis probably
describe compositions containing both a suspension portion and
a solution portion. Needless to say, neither Patel and Davis
explicitly describe a suspension/solution composition. It may
be that one of the numerous embodiments of Patel and Davis
describes a composition inherently containing a suspension
portion and a solution portion. The difficulty with the
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