Appeal No. 2001-1162 Page 2
Application No. 08/726,803
(ii) a stabilizer selected from the group consisting of sodium citrate, sodium
acetate, and mixtures thereof,
(iii) optionally, an isotonizing agent, and
(iv) optionally, a buffer selected from the group consisting of tris, phosphate
and carbonate buffers.
11. An aqueous folinate solution of sodium salts for pharmaceutical applications,
consisting of
sodium folinate in a concentration of about 15 to 400 mg folinic acid per ml,
a stabilizer selected from the group consisting of sodium citrate, sodium acetate,
and mixtures thereof,
optionally, an isotonizing agent,
optionally, a buffer selected from the group consisting of tris, phosphate and
carbonate buffers, and optionally, a pH adjusting agent.
The references relied upon by the examiner are:
Mueller et al. (Mueller) 5,134,235 Jul. 28, 1992
Haeger 5,173,488 Dec. 22, 1992
Eur. Pat. App. (Buchs) 0 667 159 A2 Aug. 16, 19951
Hoover, Remington's Pharmaceutical Sciences (Remington's), 15th edition, pp. 268-270
and 283-284 (Easton, Pa; Mack Pub. Co. 1975)
Hagers Handbook (Hagers), 4th edition, Vol. 7, P+. A, page 368 (1971)
Claims 2 and 5 through 17 stand rejected under 35 U.S.C. § 103(a). As
evidence of obviousness, the examiner relies upon Haeger, Buchs, Mueller,
Remington's, and Hagers. We reverse.
Discussion
1 The examiner's rejection as stated in the Examiner's Answer is based upon
the English abstract provided in this German language document. However, in
response to a remand from the board, the examiner obtained a full-text translation of
Buchs. Our consideration of the issues raised in this appeal is based upon the full text
translation.
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