Appeal No. 2004-0276
Application No. 09/787,438
consist of Eudragit RSŪ. It is clear, however, from reading Savastano that each of the
necessary components must be selected from a large group of possible core
components, delay jacket components and outer coating components. We do not find
that the examiner has indicated why one of ordinary skill in the art would have
particularly selected the particular components claimed from the disclosure of
Savastano from the large number of possibilities described therein.
As to the examiner's rejection, we do not find the examiner has provided a
sufficient indication why one of ordinary skill in the art would have substituted organic
acid salts described in Savastano for the organic acids in the composition of Noda.
The rejections of the claims for obviousness in view of Noda alone and Noda in
view of Savastano are reversed.
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