Appeal No. 2004-1212 Page 2
Application No. 09/316,624
The examiner relies on the following reference:
Kochel 5,849,196 Dec. 15, 1998
Appellant relies on the following reference:
Friedland et al. (Friedland) 6,303,153 Oct. 16, 2001
Claims 1-4 stand rejected under 35 U.S.C. § 112, second paragraph, as
indefinite.
Claims 1-4 also stand rejected under 35 U.S.C. § 102(e) as anticipated by
Kochel.
We reverse both rejections.
Background
“RETICULOSE® emerged as an antiviral product in the 1930’s. . . .
Product R is a refinement of RETICULOSE® prepared by an improved
manufacturing process. It is a peptide nucleic acid preparation with defined
composition.” Specification, page 7. The specification defines Product R as the
product of either of two specific methods. See pages 10-12.
The specification discloses that Product R is an effective treatment for
autoimmune diseases, including rheumatoid arthritis. See pages 1, 2, and 12.
The specification describes a working example in which “[a] clinical trial to assess
the efficacy of Product R in patients suffering from rheumatoid arthritis (RA) has
been conducted.” Page 14. Treatment with Product R was reported to result in
decreased pain, swelling, inflammation, and morning stiffness, and improved joint
mobility and ability to carry out various activities. See pages 15-18.
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