Appeal No. 2005-0317 Page 5
Application No. 09/962,352
We interpret the claim language requiring “administering . . . 17α-dihydroequilin
. . . in substantially purified form” to mean administering 17α-dihydroequilin in a form that
is substantially free of other estrogenic components. Since Premarin® contains
17α-dihydroequilin in a mixture with other estrogenic components, the PDR’s disclosure
does not meet all of the limitations of the claimed method, and the examiner has not
adequately explained how it would have suggested the claimed method to those of skill
in the art. The examiner’s rejection is reversed.
REVERSED
Toni R. Scheiner )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
Donald E. Adams )
Administrative Patent Judge ) APPEALS AND
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) INTERFERENCES
)
Eric Grimes )
Administrative Patent Judge )
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