Appeal No. 1999-0494
Application 08/482,768
wide range of forms in which the cromolyn sodium compositions of that invention may
be administered. Johnson, column 1, line 67 - column 3, lines 22. Specifically, Johnson
describes that the cromolyn sodium may be dissolved in water with salt added to
provide an isotonic solution. Johnson, column 2, lines 62-65. Johnson also explicitly
teaches that the cromolyn sodium compositions may be orally administered or nasally
administered in spray or aerosol form. See, e.g., Johnson, column 1, line 67 - column
2, line 12, column 2 line 48-column 3, line 22. While Johnson does not explicitly state
that the composition is "rectally acceptable" as required by claim 19, we note that the
liquid formulations described in Johnson would appear to be "rectally acceptable" as
would any aqueous liquid formulation.
TIME PERIOD FOR RESPONSE
This opinion contains a new ground of rejection pursuant to 37 CFR
§ 1.196(b). 37 CFR § 1.196(b) provides that, “A new ground of rejection shall not be
considered final for purposes of judicial review.”
37 CFR § 1.196(b) also provides that the appellant, WITHIN TWO MONTHS
FROM THE DATE OF THE DECISION, must exercise one of the following two options
with respect to the new ground of rejection to avoid termination of proceedings
(§ 1.197(c)) as to the rejected claims:
(1) Submit an appropriate amendment of the claims so rejected or a
showing of facts relating to the claims so rejected, or both, and have the
matter reconsidered by the examiner, in which event the application will be
remanded to the examiner. . . .
(2) Request that the application be reheard under § 1.197(b) by the
Board of Patent Appeals and Interferences upon the same record. . . .
No time period for taking any subsequent action in connection with this appeal
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