Appeal No. 2003-1422
Application 09/738,212
to form preparations having sufficient bioavailability. Id.,
page 2. It is known to administer cyclosporin intravenously.
Id., page 3. However, a disadvantage of intravenous preparations
is that they must be administered in clinics by trained
personnel. Id. Oral preparations, though more easily
administered, suffer from the drawback of low and variable
bioavailability. Id., page 4. See Hauer, column 3, lines 57-61.
According to appellants, the claimed oral cyclosporin preparation
provides comparable bioavailability to intravenously
administrable preparations. Specification, page 7.
DISCUSSION
1. Rejection of claim 33 under 35 U.S.C. § 112,
second paragraph, as indefinite
According to the examiner, claim 33 is vague and
indefinite because it is unclear what appellants are claiming for
component (e). Examiner’s Answer, Paper No. 14, mailed
January 15, 2003, page 3. In particular, the examiner maintains
that it is unclear as to whether appellants are claiming a
combination of ricinoleic acid glycerides and multiply
unsaturated fatty acid glycerides, or castor oil, or whether
appellants are claiming a mixture of ricinoleic acid glycerides
4
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