Appeal No. 2005-1152
Application No. 10/202,616
acids, carboxy, thiol, amino and other reactive side-chain functionalities to minimize
undesired side reactions (col. 31). Zuckermann also discloses that a pharmaceutical
composition can contain a pharmaceutically acceptable carrier such as proteins,
polymeric amino aids, amino acid copolymers etc. Pharmaceutically acceptable salts
can be used therein, for example, mineral acid salts, phosphates, sulfates, and salts of
organic acids (col. 32, Iines 33-63).
The examiner concludes (Paper No. 6, page 6):
[i]t would have been obvious to a person of ordinary skill in the art at the
time the invention was made to have modified the formulations and
methods of the combined references by adding the additives such as
carboxylic acids, salts and amino acids as taught by Zuckermann because of disclosed
benefits of such additives in pharmaceutical formulations and reduction of undesired
side reactions and improving
stability of the product.
We have found no prima facie case of obviousness over Hanes in
view of Szoka. We do not find the disclosure of Zuckermann overcomes the
deficiencies of the primary combination of Hanes and Szoka. The rejection of claims 1-
24, 32-40, 43 and 45-57 under 35 U.S.C. 103(a) for obviousness over Hanes in view of
Szoka and the rejection of claims 25-31, 41-42 and 44 under 35 U.S.C. 103(a) for
obviousness over Hanes in view of Szoka in further view of Zuckerman is reversed.
CONCLUSION
The rejection of claims 1-8, 24, 27-28, 32, 36-40 and 43-44 under 35 U.S.C.
102(b) as anticipated by Unger. The rejection of claims 1-24, 32-40, 43 and 45-57 under
35 U.S.C. 103(a) for obviousness over Hanes in view of Szoka is reversed. The
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