Appeal No. 2003-1422
Application 09/738,212
‘396 in a hard gelatin capsule as taught by
US ‘625 with the reasonable expectation of
obtaining a cyclosporin composition that
provides convenient oral administration and
improved bioavailability. [Examiner’s Answer,
page 5.]
However, the examiner has failed to identify any support in the
references for this conclusion. In reviewing Orbán, we are in
agreement with appellants that the reference is clearly limited
to an intravenous pharmaceutical composition. See, e.g., Orbán,
column 2, lines 9-14 (“Therefore our aim was to work out an
intravenous pharmaceutical composition comprising cyclosporin as
active ingredient which is more tolerable than the known
intravenous formations, i.e., its anaphylactic-hypersenzibilizing
effect is smaller than that of the known formulation.”). By
contrast, Hauer is strictly limited to a cyclosporin containing
composition which is suitable for use in topical formulations
and, in particular, oral dosage forms. See Abstract.
Having found that the examiner has failed to establish
a prima facie case of obviousness, the rejection is reversed.
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