Appeal No. 2005-1535
Application No. 10/049,379
The prior art references cited by the examiner are:
Ibrahim et al. (Ibrahim) 5,716,988 Feb. 10, 1998
Schlipalius 5,897,871 Apr. 27, 1999
Grounds of Rejection
Claims 1-11 and 15-17 stand rejected under 35 U.S.C. §103(a) over Ibrahim and
Schlipalius.1
We reverse this rejection.
DISCUSSION
Background
Oxaliplatinum is a antineoplastic agent used per intravenous administration in
particular in the treatment of metastatic colorectal cancers. “[O]xaliplatinum, in form of a
pure active substance, is known to be slightly soluble in water, very little soluble in
methanol and practically insoluble in ethanol and acetone. More precisely, the maximal
solubility of oxaliplatinum saturated in water at 37°C is of 7[.]9 mg/ml, but at 20°C it falls
down to 6 mg/ml. In methanol at 20°C, it is only of 0.22 mg/ml.” Specification, page 1.
1 The rejection of the claims over Ibrahim in view of Blackshear, U.S. Patent No.
4,439,181, has been withdrawn. Answer, page 3.
2
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