Appeal No. 2003-1422
Application 09/738,212
with multiply unsaturated fatty acid glycerides, or a mixture of
ricinoleic acid glycerides with castor oil. While appellants
attempt to explain what is intended by this language (see Appeal
Brief, Paper No. 13, received October 16, 2002, page 2), we are
in agreement with the examiner that the claim language is
indefinite. In fact, even upon reading appellants’ explanation
as to what is intended by this language, we are still unclear as
to what is being claimed. We are further in agreement with the
examiner that the language “smaller proportions of multiply
unsaturated fatty acid glycerides” is indefinite as it is unclear
what the basis for comparison is. See Examiner’s Answer, page 3.
2. Rejection of claims 21-30 and 33 under 35 U.S.C.
§ 103 as unpatentable over Orbán in view of Hauer
It is the examiner’s position that Orbán discloses the
cyclosporin composition of claim 21, but fails to teach that the
composition may be provided in a hard gelatin capsule. See
Examiner’s Answer, page 8. The examiner maintains that it would
have been obvious to one of ordinary skill in the art at the time
of the invention to have prepared Orbán’s composition in a hard
gelatin capsule in view of the teachings of Hauer. Id., page 5.
In particular, the examiner notes that Hauer is directed to
5
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: November 3, 2007