Appeal No. 2002-1575 Page 2
Application No. 08/945,901
GROUND OF REJECTION
Claims 4, 5, 8-15, 21, and 24-30 stand rejected under 35 U.S.C. § 102(b)
as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over
Mita.
We reverse.
DISCUSSION
Mita teach a method for healing wounds caused by corneal injury, which
includes administering to a patient an effective wound healing amount of
lactoferrin either alone or in admixture with a least one excipient. Abstract. Mita
disclose (column 1, lines 57-60) that their method is useful for treatment of
various corneal disorders such as corneal injury caused by ulceration,
inflammation or ophthalmological surgery. In addition, Mita disclose that the
concentration of lactoferrin in an eye drop formulation would preferably be 0.01-
3.0%. Column 2, lines 2-5. However in describing the best mode for carrying
out their invention, Mita disclose the use of a 0.5% (w/v) lactoferrin formulation.
Column 2, lines 11-25.
The examiner finds (Answer, page 4), “[t]he method steps in Mita are
identical to the method steps of the instant invention in that they comprise
administering to the eyes of a patient a pharmaceutically effective amount of
lactoferrin.” In addition, the examiner finds (Answer, page 5), “as lactoferrin in
the method of Mita is used in the same way and at the same amount as in the
instant case, the specific effect of increasing the strength of the wound closure in
[sic] inherently present in the referenced method.” According to the examiner
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