Appeal No. 2001-1733 Page 6
Application No. 09/055,505
clarification imposed.... An essential purpose of patent examination is to
fashion claims that are precise, clear, correct, and unambiguous. Only in
this way can uncertainties of claim scope be removed, as much as
possible, during the administrative process.
In this regard we note that it is unclear whether the phrase “comprised of a
blend of uncapped and end-capped biodegradable-biocompatible copolymer,” is
intended to modify “a carrier” or “a pharmaceutically acceptable adjuvant.”
In the event of further prosecution we encourage the examiner to clearly
set forth how he interprets the limitations set forth in the claimed invention.
FUTURE PROCEEDINGS
We state that we are not authorizing a Supplemental Examiner’s Answer under
the provisions of 37 CFR § 1.193(b)(1). Any further communication from the examiner
which contains a rejection of the claims should provide appellants with a full and fair
opportunity to respond.
VACATED; REMANDED
Sherman D. Winters )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
Donald E. Adams )
Administrative Patent Judge ) APPEALS AND
)
) INTERFERENCES
)
Demetra J. Mills )
Administrative Patent Judge )
DA/dym
Page: Previous 1 2 3 4 5 6 7 Next
Last modified: November 3, 2007