Appeal No. 2003-1736
Application No. 09/123,137
page 5, the formation of primary adhesions depends on the persistence of fibrin bridges
between the disjoint parts, which are subsequently colonized by other cells and develop
into permanent vascularized tissue. Secondary adhesions may be the result of the
normal healing process which involves the mobilization of several cell types and the
formation of new collagen and typically has initial stages lasting for up to two weeks
followed by several months of maturation. Id.
Obviousness-type Double Patenting
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.
The examiner argues that although the conflicting claims are not identical they
are not patentably distinct from one another because the instant generic terminology
encompasses the fluid composition and the specific oxygen inhibitors in the claims of
the patent.
Appellants have indicated in their brief the willingness to file a terminal disclaimer
once the claims have been determined to be otherwise allowable. Brief, page 15.
In as much as no terminal disclaimer has been made of record to date, the rejection for
obviousness-type double patenting is affirmed.
35 U.S.C. § 103
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
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