Appeal No. 2002-1121 Page 7
Application No. 09/171,169
page 3, see also, Specification, page 8 (UTP is a potent agonist for purigenic
receptors found in conjunctival preparations), page 20 (Example 1, stimulation of
mucin release from rat conjunctival preparations), and not the nasolacrimal duct
as asserted by the examiner, see Examiner’s Answer, page 6. Therefore, the
motivation to modify the treatment method of Jacobus to arrive at the claimed
invention is based on an incorrect factual assumption and a misunderstanding of
the claimed invention, and cannot be sustained.
OTHER MATTERS
We note that Appellants have submitted a terminal disclaimer over U.S.
Patent No. 5,900,407, which has claims very similar to those that are subject to
the instant appeal. On receipt of the application, the examiner should process
the terminal disclaimer, as well as address any other issues that may arise
regarding the ’407 patent.
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