an r-hCG/mannitol composition which has been stored for 1 week
or 3 weeks.
c.
Tables 12 and 13 involve purity tests of the " subunit of
r-hCG. But, the claims are not limited to the " subunit of
r-hCG. What significant fact are we to divine from data limited
to the " subunit? On this record, we are not told!
d.
The data in Tables 14 and 15 are unexplained. We recognize
that there is data, but we have no idea of its significance to
one of ordinary skill in the art. Applicants have not
sufficiently explained the significance of the data. See also
n.6, supra, and Findings 23-27.
C. Order
Upon consideration of the appeal, and for the reasons given,
it is
ORDERED that the rejection of claims 1-16 is affirmed.
FURTHER ORDERED that in view of the fact that we have
relied on additional prior art and new rationale, the affirmance
of the rejection is a new ground of rejection under 37 CFR
§ 1.196(b).
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