The claims
1. The claims on appeal are claims 1-16.
2. According to applicants, the claims stand or fall
together. We therefore decide the appeal on the basis of
claim 1. 37 CFR § 1.192(c)(7).
3. Claim 1, the only independent claim in the
application, reads:
A stable, liquid pharmaceutical composition comprising
recombinant human Chorionic Gonadotropin and a stabilizing
amount of mannitol.
The rejection
4. Claims 1-16 stand rejected under 35 U.S.C.
§ 103(a) as being unpatentable over PCT international application
WO 93/11788, published 24 June 1993 (PCT application).3
Applicants' invention
5. The invention relates to a liquid formulation
containing human Chorionic Gonadotropin (hCG) stabilized with
mannitol.
6. According to applicants, it is known that highly
purified proteins easily undergo degradation due to contact with
atmospheric agents (specification, page 1, lines 7-8).
The PCT application is prior art under 35 U.S.C. § 102(b).
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