Ex Parte Piot et al - Page 7



            Appeal No. 2006-1759                                                      Παγε 7                                 
            Application No. 09/984,184                                                                                       
                  amphoteric, and nonionic polymers of chitins, and                                                          
                  anionic, cationic, amphoteric, and nonionic polymers of                                                    
                  chitosans; cellulose polymers chosen, for example, from                                                    
                  hydroxyethyl cellulose, hydroxypropyl cellulose, methyl                                                    
                  cellulose, ethyl hydroxyethyl cellulose, carboxymethyl                                                     
                  cellulose, and quaternized derivatives of cellulose;                                                       
                  acrylic polymers and acrylic copolymers, such as for                                                       
                  example, polyacrylates and polymethacrylates; vinyl                                                        
                  polymers, chosen for example, from                                                                         
                  polyvinylpyrrolidones, polyvinyl alcohols, copolymers                                                      
                  of methyl vinyl ether and maleic anhydride, copolymers                                                     
                  of vinyl acetate and crotonic acid, copolymers of                                                          
                  vinylpyrrolidone and vinyl acetate, and copolymers of                                                      
                  vinylpyrrolidone and caprolactam; and optionally                                                           
                  modified polymers of natural origin chosen, for                                                            
                  example, from gum arabic, guar gum, xanthan                                                                
                  derivatives, karaya gum, alginates carrageenans,                                                           
                  glycosaminoglycans shellac resin, sandarac gum,                                                            
                  dammars, elemis, copals, deoxyribonucleic acid,                                                            
                  mucopolysaccharides such as for example, hyaluronic                                                        
                  acid, and chondroitin sulphate, and hyaluronic acid                                                        
                  derivatives.                                                                                               
                  The examiner has simply not convincingly explained why,                                                    
            under the facts of the present case, the original disclosure,                                                    
            including the above-reproduced disclosure excerpted from pages                                                   
            23-25 thereof, fails to furnish descriptive support for the                                                      
            subject matter which is recited in claim 44.  In other words, the                                                
            examiner has not discharged the burden of establishing that the                                                  
            application, as originally filed, inadequately describes the                                                     
            subject matter in question by not giving examples of particular                                                  
            polymers within each category of polymers recited in claim 44 as                                                 
            part of the claimed composition.  After all, the specification is                                                
            directed to those skilled in the art.  The examiner has not                                                      













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