Appeal No. 2004-0250 Page 17
Application No. 09/226,412
column 2, line 65-column 3, line 38 (pulmonary means). One purpose of the invention
of Rubsamen is to control the symptoms of diabetes, i.e, control the blood glucose level
of diabetic patients. See, e.g., id., column 8, line 18-57. Thus, Rubsamen describes
the treatment of diabetic patients who are hypoglycemic and hyperglycemic in the
manner required by claims 50 and 59.
Dependent claims 51, 54-57, 60 and 63-66 are rejected under 35 U.S.C. §
102(b) as anticipated by Rubsamen.
Rubsamen is applied as above. The details of these dependent claims are
accounted for as follows:
Table 2
Claims 51 and 60 directed to Rubsamen, column 14, lines 40-45
administering the monomeric insulin
analog as a pharmaceutical formulation
using a pharmaceutically acceptable
carrier.
Claims 54-55, 63-64 directed to Rubsamen, column 14, lines 40-60
delivering the monomeric insulin analog
by way of an inhalation device such as a
sprayer or dry powder inhaler in the lungs
of the patient.
Claims 56-57 and 65-66 directed to Rubsamen, column 5, lines 55-68 In
specific amounts of the monomeric view of this disclosure it is reasonable to
insulin analog to be administered. shift the burden to appellants to establish
through objective evidence that the
amounts of the insulin analog delivered in
Rubsamen do not meet those required by
these claims. In re Best, 562 F.2d 1252,
1255, 195 USPQ 430, 433 (CCPA 1977).
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