Appeal No. 2005-0548
Application No. 09/839,164
that the claims stand or fall together. Accordingly, for purposes of this appeal, we will
consider the issues as they apply to claim 30 which is representative of the subject
matter on appeal.
Claim 30 reads as follows:
30. A pharmaceutical composition consisting essentially of the alpha
globin chain of hemoglobin in a pharmaceutically acceptable carrier, wherein the
composition is suitable for subcutaneous administration and said alpha globin
chain is present in an amount of 0.1 mg to 6 g.
The references relied upon by the examiner are:
Hoffman et al. 5,449,759 Sep. 12, 1995
(Hoffman)
Tame et al. (Tame), Functional Role Of The Distal Valine (E11) Residue Of A
Subunits In Human Haemoglobin, 1991, J. Mol. Biol. 218:761-767
The claims stand rejected as follows:
I. Claims 30-32 stand rejected under 35 U.S.C. § 112, second paragraph, as being
indefinite for failing to particularly point out and distinctly claim the subject matter which
the Appellants regard as the invention.
II. Claims 30-32 stand rejected under 35 U.S.C. § 102(b) as being anticipated by Tame.
III. Claims 30-32 stand rejected under 35 U.S.C. § 102(b) as being anticipated by
Hoffman.
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