Appeal No. 2006-1253 Page 2
Application No. 09/969,451
29. An antibiotic formulation, consisting essentially of a mixture of:
florfenicol; and
about 40-95% w/v N-methyl-2-pyrrolidone,
wherein said florfenicol is dissolved in said N-methyl-2-
pyrrolidone to form an antibiotic formulation for veterinary use.
37. A method of administering an antibiotic formulation to an animal using
a syringe, said method comprising:
putting a formulation consisting essentially of florfenicol, at least
one preservative, and N-methyl-2-pyrrolidone in said syringe; and
injecting said formulation into said animal parenterally using said
syringe.
The reference relied upon by the examiner is:
Apelian et al. (Apelian) 5,082,863 Jan. 21, 1992
GROUND OF REJECTION
Claims 20-42 stand rejected under 35 U.S.C. § 103 as being unpatentable
over Apelian.
We affirm.
CLAIM GROUPING
Appellants set forth the following three groups of claims: I. Claims 20-28;
II. Claims 29-36; and III. Claims 37-42. Brief, page 3. Accordingly, we limit our
discussion to representative independent claims 20, 29 and 37. Claims 21-28
will stand or fall together with claim 20. Claims 30-36 will stand or fall together
with claim 29. Claims 38-42 will stand or fall together with claim 37. In re Young,
927 F.2d 588, 590, 18 USPQ2d 1089, 1091 (Fed. Cir. 1991).
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