Appeal No. 2001-1909 Page 7
Application No. 09/016,786
1 50-52, 54
2 50-61 50-61
3 56-61 56-61
4 56-57 and 59-61 56-57 and 59-61 56-57 and 59-61
The table shows how confusingly the claims have been rejected over the prior
art. Some of the claims (e.g., claim 50) are rejected multiple times over the same
prior art combination. Other claims (e.g., claim 59) are rejected over seven
possible different art combinations: Koltringer; Koltringer/Zappia;
Koltringer/Serfontein; Koltringer/Zappia/Briggs; Koltringer/Serfontein/Briggs;
Koltringer/Zappia/Briggs/Edgren; and, Koltringer/Serfontein/Briggs/Radebaugh.
Still other claims (e.g., claim 56) get both treatments.
To add to the confusion, the discussion in the Examiner’s Answer does
not parallel the statements of the rejections. The discussion is more consistent
with the claims being rejected as follows6:
6 We reach this conclusion because, given that examiner cites Koltringer to show “a method of
administration of folic acid [vitamin B] for the regeneration of nerve cell and nerve fibers,”
Examiner’s Answer, p. 4, wherein the folic acid is administered “as a continuous infusion”,
Examiner’s Answer, p. 6, it is fairly evident that Koltringer is being applied as the primary
reference. Examiner concedes, however, that Koltringer does not teach the claimed limitations of
· “administration of the composition at night [per se],” Examiner’s Answer, p. 4, (see claims 50,
51and 54);
· “the administration of [sic: the composition?] in a controlled release device,” Examiner’s
Answer, p. 5, (see claims 52, 53, and 55);
· “a bilayer tablet containing a sustained release layer and an immediate release layer,”
Examiner’s Answer, p. 8, (see claim 56); and,
· “the instant [bi-layer] tablet formulations,” Examiner’s Answer, p. 7, for example, a tablet
which is enterically coated to reduce gastric irritation, (see claims 57 and 58, and 59-61).
To address these limitations, examiner relies on, respectively,
· Koltringer (for its disclosure of a ”continuous infusion,” Examiner’s Answer, p. 6);
· Zappia (“teaches time release administration of B-complex vitamins,” Examiner’s Answer, p.
6) or Serfontein (“teaches time release formulations for the treatment of nerve cells,”
Examiner’s Answer, p. 6.);
· Edgren or Radebaugh (both of which teach a “tablet formulation containing a sustained
release layer and an immediate release layer,” Examiner’s Answer, p. 8); and,
· Briggs (“discloses controlled release formulations containing iron and B complex vitamins
[which are] entirically coated and … teaches two layers, both are for controlled release …
[and] indicates that the material in the outer layer is released in the upper gastrointestinal tract
and the second layer is for controlled release,” Examiner’s Answer, pp. 7-8).
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