Appeal No. 2003-1422
Application 09/738,212
pharmaceutical compositions comprising cyclosporins which include
an alcohol and may contain a single surfactant, such as
polyoxyethylene stearic acid ester. Id., page 4. Hauer’s
composition may be provided in hard or soft gelatin capsules.
Id.
Appellants argue that Orbán’s disclosure is limited
to a cyclosporin containing composition for intravenous admin-
istration. Appeal Brief, page 3.1 According to appellants,
“[t]here is no teaching or suggestion that this composition may
also be advantageous with respect to stability and bioavail-
ability in medicaments for oral administration.” Id. While
appellants do not dispute the examiner’s finding that Hauer
discloses a cyclosporin-containing composition in a hard gelatin
capsule, they maintain that there would have been no motivation
to have combined the teachings of Orbán and Hauer since Orbán
fails to disclose or suggest that his composition may also be
used for oral administration. Appeal Brief, page 3.
1
1Appellants also note that one of the differences between
Hauer’s composition and that of the claimed invention is that the
present invention requires a polyethoxylated saturated hydroxy-
fatty acid component which is not taught by Hauer. Id.
6
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