Appeal No. 2004-1188 Page 2
Application No. 09/940,784
weight about 360,000; and a water-soluble polyethylene glycol; the
total concentration of the linear polymer ingredients being about 0.5
to about 15 percent by weight/volume.
The references relied upon by the examiner are:
Shimizu et al. (Shimizu) 4,728,509 Mar. 1, 1988
Parnell 5,015,474 May 14, 1991
Gilbert et al. (Gilbert) 5,116,847 May 26, 1992
Rybacki et al. (Rybacki), “Auxiliary Substances in Technology of Drug Form,”
Library of a Pharmicist, Vol. 7, pp. 1-12 (1980)
GROUNDS OF REJECTION
Claims 15-17 and 21-28 stand rejected under 35 U.S.C. § 103 as being
unpatentable over the combination of Shimizu, Gilbert and Parnell.
Claims 18-20 and 29-33 stand rejected under 35 U.S.C. § 103 as being
unpatentable over the combination of Shimizu, Gilbert and Parnell, further in
view of Rybacki.
We reverse.
DISCUSSION
The combination of Shimizu, Gilbert and Parnell:
According to the examiner (Answer, page 3), Shimizu disclose an
aqueous nasal spray composition comprising, inter alia, a drug and
polyvinylpyrrolidone (PVP) having an average molecular weight of about 25,000-
120,000 daltons. The examiner recognizes, however, that Shimizu does not
teach the (1) use of two or more PVPs having different average molecular
weights, or (2) oxymetazoline hydrochloride. Answer, page 4. The examiner
relies on Gilbert and Parnell to make up these deficiencies.
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