Appeal No. 2004-1112 Page 11
Application No. 09/829,707
18 (“sustained release acarbose formulation”); page 6, line 22 (“sustained
release formulation of acarbose”); page 10, line 23 (“acarbose delayed release
formulation”). In addition, on page 3, lines 7-8, the specification discusses an
“acarbose formulation” that may be mixed with, and therefore necessarily does
not include, a sustained release matrix.
We therefore reject Appellant’s strained interpretation of the claim
language. The claim reads on administration of acarbose alone and is
anticipated by Rosner.
Summary
Neither Bremer nor Patel identically disclose the compositions defined by
claims 15-27; we therefore reverse the rejections of these claims. We also
reverse the examiner’s rejection of claim 43, but enter a new ground of rejection
of that claim under the correct statutory provision.
REVERSED, 37 CFR § 1.196(b)
Toni R. Scheiner )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
Demetra J. Mills )
Administrative Patent Judge ) APPEALS AND
)
) INTERFERENCES
)
Eric Grimes )
Administrative Patent Judge )
EG/jlb
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