Appeal No. 2006-1253 Page 3
Application No. 09/969,451
DISCUSSION
The examiner finds (Answer, page 5), Apelian teaches an injectable
solution that comprises:
a. 10-50% w/v of florfenicol,
b. 10-65% w/v of N-methyl-2-pyrrolidone,
c. 5-15% w/v of a viscosity reducing agent (e.g., ethyl alcohol), and
d. 5-40% w/v of polyethylene glycol.
According to the examiner (id.), the injectable solution taught by Apelian is useful
for veterinary purposes. In addition, the examiner finds (id.), Apelian teaches
that the “composition has ‘desirable properties which are useful for administration
of relatively high concentration of florfenicol’ . . . and ‘desirable viscosity
characteristics which allows for good syringeability over a wide temperature
range and ease of processing, such as good flow rate through sterilizing filter
membranes . . . .” According to appellants’ specification (paragraph 15),
[t]he viscosity of the formulation should be a maximum of
about 60 cPs at 25°C. Preferably, it is less than about 50 cPs at
25°C, and most preferably, it is less than about 40 cPs at 25°C. The
viscosity of the formulation should be a maximum of about
100 cPs at 0°C. Preferably, it is less than about 80 cPs at O°C, and
most preferably, it is less than about 60 cPs at 0°C.
According to the examiner, Apelian teaches a composition that comprises
florfenicol and N-methyl-2-pyrrolidone. Answer, page 6. In this regard, the
examiner asserts that absent a showing that the inclusion of a viscosity reducing
agent and polyethylene glycol as set forth in the Apelian composition affect the
basic and novel characteristics of appellants’ claimed invention, appellants’
claimed invention is prima facie obvious in view of the composition taught by
Apelian. Id.
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