Appeal No. 2003-1736
Application No. 09/123,137
photopolymerization, or physical gelation at the site of administration, and
wherein the barrier persists at the site for days to weeks.
The references are relied upon by the examiner are:
Hettinger 4,371,519 Feb. 1, 1983
WO 93/17669 PCT Application Sept. 16,1993
Sawhney et al. (Sawhney 1), “Optimization of photopolymerized bioerodible hydrogel
properties for adhesion prevention,” J. Biomed. Mats. Res., Vol. 28, pp. 831-838 (1994)
Sawhney et al. (Sawhney 2), “Interfacial photopolymerization of poly(ethylene glycol)-
based hydrogels upon alginate-poly (L-lysine) microcapsules for enhanced
biocompatibility,” Biomaterials, Vol. 14, pp. 1008-1016 (1993)
Grounds of Rejection
Claims 1, 9-25 and 27-30 stand rejected for obviousness-type double patenting
over claims 1-42 of U.S. Patent No. 5,785,993.
Claims 1, 9-25 and 27-30 stand rejected under 35 U.S.C. § 103 over Sawhney 1,
Hettinger by themselves or together, in further combination with applicants’ statement of
prior art and optionally in further combination with WO 93/17669 and Sawhney 2.
The rejection for obviousness-type double patenting is affirmed. The rejection
of the claims for obviousness is reversed.
DISCUSSION
In reaching our decision in this appeal, we have given consideration to the
appellants’ specification and claims, to the applied references, and to the respective
positions articulated by the appellants and the examiner.
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