of body weight and unit doses above 0.25 mg/kg of body weight. Claim 48
is not broader than original patent claim 1.
II.
The examiner also maintains that a “unit dose form of 0.04-0.25 mg of
piperine per kg body weight” in newly added reexamination claim 48 is not
described in the specification of the application which matured into the
patent being reexamined. 35 U.S.C. § 112, first paragraph (written
description requirement). Table 8 of the specification, however, describes a
daily dose of 0.04-0.25 mg/kg body weight which can be used as a
bioenhancing supplement 1-3 times daily (col. 15, lines 45-58). A dose of
0.04-0.25 mg/kg body weight used once a day is a unit dose of 0.04-0.25
mg/kg of body weight.
Order
The decision of the examiner rejecting claims 48-59 under 35 U.S.C.
§ 305 is reversed.
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Last modified: November 3, 2007