Appeal No. 2001-1437
Application No. 08/764,145
desensitization, is not sufficient to optimize it to the maximal response level.” Brief,
page 7.
We remind the appellant, as did the examiner, that the subject matter of the
present claims is a specific formulation, and undue attention need not be directed at
how, or by what formula, the specific formulation was derived, when comparing the
claimed formulation to compositions found in the prior art.
We do not, however, find the examiner has established a prima facie case of
anticipation or obviousness by providing evidence in the prior art of a formulation
representing an optimum amount of antagonist to prevent desensitization of a specific
amount of the drug (agonist).
The rejections of the claims in view of Fernandes are reversed.
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