Appeal No. 1997-2743
Application No. 08/442,252
select the elements from the cited prior art references for combination in the manner
claimed.’” Ecolochem Inc. v. Southern California Edison, 227 F.3d 1361, 1375, 56
USPQ2d 1065, 1075-76 (Fed. Cir. 2000).
In our judgment, the only reason or suggestion to modify the teachings of the
references in the manner proposed by the examiner comes from appellants’ specification.
Accordingly, on this record, we find that the examiner’s burden of establishing a prima
facie case of obviousness has not been met and the rejection of claims 1, 3 through 8 and
15 through 18 is reversed.
Rejection II
Pitha teaches that both unmodified and modifed cyclodextrins (for example,
hydroxypropyl cyclodextrin) are used to stabilize pharmaceutical compositions, but does
nothing to remedy the underlying deficiency in the examiner’s proposed combination of
Feld, Deutsch and Woulfe.
Accordingly, the rejection of claims 9 through 12 as unpatentable over Feld,
Deutsch, Woulfe and Pitha is reversed as well.
REVERSED
)
Sherman D. Winters )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
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