Appeal No.1997-0466
Application 08/154,158
Baert et al. (Baert) “Treatment of Chronic Bacterial Prostatitis by Local Injection of
Antibiotics into Prostate,” Urology Vol. 21, pp. 370-375 (1983).
OPINION
In reaching our decision in this appeal, we have given careful consideration to the
appellants’ specification and claims, to the applied prior art references, and to the
respective positions articulated by the appellants and the examiner.
Rather than reiterate the conflicting viewpoints advanced by the examiner and the
appellants regarding the above-noted rejection, we make reference to the examiner's
Answer for the examiner's reasoning in support of the rejection, and to the appellants’ Brief
for the appellants’ arguments thereagainst. As a consequence of our review, we make the
determinations which follow.
Grounds of Rejection1
1. Claims 2, 53-55 and 72 stand rejected under 35 U.S.C. 103 over Pinnell.
2. Claims 49-52 and 56-60 stand rejected under 35 U.S.C. 103 over Pinnell in view of
Cawston.
1An additional rejection for obviousness type double patenting in view of U.S.
Patent No. 5,116,615 has been withdrawn based on the filing of a terminal disclaimer.
Paper No. 27.
3
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