Appeal No. 2002-1254 Page 7
Application No. 09/411,381
required by the pharmaceutical composition of claim 23. Therefore, Latter does
not render obvious the pharmaceutical compositions of claims 28 and 29, which
depend on claim 23. The rejection under 35 U.S.C. § 103 is reversed.
Summary
Appellant has provided evidence that the prior art disclosures would not
have enabled those skilled in the art to make the claimed compositions. The
rejections on appeal are reversed because they are not supported by a
preponderance of the evidence in the record.
REVERSED
Toni R. Scheiner )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
Donald E. Adams )
Administrative Patent Judge ) APPEALS AND
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) INTERFERENCES
)
Eric Grimes )
Administrative Patent Judge )
EG/dym
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