great for a stable preparation containing more than one
gonadotropin.
B. Discussion
1. Scope of claim 1
a.
We begin our analysis by construing the scope of applicants'
claim 1. As noted above, claim 1 reads:
A stable, liquid pharmaceutical composition comprising
recombinant human Chorionic Gonadotropin and a stabilizing
amount of mannitol.
The composition must:
(1) be in "liquid" as opposed to "solid" form;
(2) be capable of being used as a pharmaceutical;
(3) contain hCG in "recombinant" as opposed to a
natural form; and
(4) contain a "stabilizing" amount of mannitol.
The so-called "preamble" states that the composition is
"stable".
b.
Our appellate reviewing court has provided guidance with
respect to the weight to be given words in a preamble. Bristol-
Myers Squibb Co. v. Ben Venue Laboratories, Inc., 246 F.3d 1368,
1373, 58 USPQ2d 1508, 1513 (Fed. Cir. 2001) (if the body of the
claim sets out the complete invention, and the preamble is not
necessary to give "life, meaning and vitality" to the claim,
- 13 -
Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: November 3, 2007