Appeal No. 2004-0250 Page 16
Application No. 09/226,412
patient in need thereof by pulmonary means. These claims place no limitation on the
monomeric insulin analog to be administered.
As developed above in regard to claim 30, Gonda ‘250 describes the
administration of monomeric insulin analogs to patients in need thereof by way of
“pulmonary means.” One purpose of the invention of Gonda ’250 is to control the
symptoms of diabetes, i.e, control the blood glucose level of diabetic patients. See,
e.g., Gonda ‘250, column 13, line 39-column 14, line 7. Thus, Gonda ‘250 describes
the treatment of diabetic patients who are hypoglycemic and hyperglycemic.
Dependent claims 51-58 and 60-67 are rejected under 35 U.S.C. § 102(e) as
anticipated by Gonda ‘250.
These dependent claims contain the same limitations as the dependent claims
discussed in Table 1 above and, thus, are unpatentable for the corresponding reasons.
Rejections Based upon Rubsamen
Independent claims 50 and 59 are rejected under 35 U.S.C. § 102(b) as
anticipated by Rubsamen.
Claims 50 and 59 respectively require administration of an effective dose of
monomeric insulin analog for the purpose of treating diabetes or hyperglycemia to a
patient in need thereof by pulmonary means. These claims place no limitation on the
monomeric insulin analog to be administered.
Rubsamen describes the administration of monomeric insulin analogs to patients
in need thereof by way of “pulmonary means.” Id., column 5, lines 28-40 (analogs) and
Page: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
Last modified: November 3, 2007