Appeal No. 2006-2546 Page 2
Application No. 10/425,177
0.5 grams per 100 ml of solvent, a molecular weight in a range of between about 1 and
500 kilodaltons and a weight/weight ratio of polymer to solvent in a range between
about 0.5:100 to 100:0.5.” Page 2, lines 21-24. “[T]he composition is liquid in a solvent
and undergoes a gel transition inside a target breast milk duct within about 30 minutes
of delivery of the composition to the target duct.” Page 2, lines 24-26.
The specification states that the polymer can comprise, for example, polyvinyl
alcohol, polyvinyl pyrrolidone, polyalkylene glycols, or polyethylene oxide. Page 6,
line 32, to page 7, line 5. In the Examples, the specification describes using
PLURONIC® F-127. Page 28, line 21.
The gel can “comprise an additive to provide detection of the gel inside the target
duct. . . . The additive can be a dye.” Page 3, lines 17-20. “The additive can provide
visual detection of the gel by the naked eye, or can be an additive that is capable of
detection by a special sensor or machine or other mechanism that is sensitive to the
presence of such an additive and which can detect material that has the additive and
distinguish such material from other material not containing the particular additive.”
Page 14, lines 15-19.
Discussion
1. Claim construction
Claims 10-13 and 16-22 are pending and on appeal. We will focus on claim 10,
the broadest claim on appeal, which reads as follows:
10. A biocompatible composition comprising a polymer that has a
solubility greater than 0.5 grams per 100 ml of solvent, a molecular
weight in a range of between about 1 and 500 kilodaltons and a
weight/weight ratio of polymer to solvent in a range of between
about 0.5:100 to 100:0.5, wherein the composition is a liquid in a
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