Appeal No. 1997-2742
Application 08/348,815
or a derivative thereof combined with one or both of a further active ingredient for the
treatment of gastric ulcers or an additional antibiotic together with a pharmacologically
acceptable carrier.
The references relied on by the examiner are:
Welzel et al. (Welzel) 4,684,626 Aug. 4, 1987
Axon, “Helicobacter pylori infection,” Journal of Antimicrobial Chemotherapy, Vol. 32, Suppl.
A, pp. 61-68 (1993).
Huber, “Moenomycin and Related Phosphorus-Containing Antibiotics,” Antibiotics, ed.
F. Hahn, Springer Verlag, Berlin, Vol. IV, pp. 135-53 (1979).
The appealed claims stand rejected as follows:
Claims 7 through 12 under 35 U.S.C. § 103 as unpatentable over “Welzel et al. or
Huber in combination with Axon;” and
Claims 7, 8, 10 and 11 under 35 U.S.C. §112, first paragraph, as based on a non-
enabling disclosure.
On consideration of the record, we shall not sustain the rejection of claims 7
through 12 under 35 U.S.C. §103. We do, however, sustain the rejection of claims 7, 8, 10
and 11 under 35 U.S.C. §112, first paragraph.
2
Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: November 3, 2007