Appeal No. 2006-2546 Page 3
Application No. 10/425,177
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, and further comprises an additive to provide detection
of the gel inside the target breast milk duct.
Thus, claim 10 is directed to a biocompatible composition that contains a polymer
with a solubility, molecular weight, and weight ratio of polymer to solvent within specified
ranges. In addition, claim 10 recites that the composition is a liquid in a solvent and
undergoes a gel transition inside a target breast milk duct within about 30 minutes of its
delivery to the duct.
Claim 10 also recites that the composition contains “an additive to provide
detection of the gel inside the target breast milk duct.” “[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.” Specification, page 14, lines 15-
19. Thus, we interpret the claim to require an additive that is capable of providing
detection of the gel inside a breast milk duct; e.g., by visual detection or by using a
special sensor, machine, or other mechanism.
2. Krezanoski
The examiner rejected claims 10 and 16-21 under 35 U.S.C. § 102(b) as
anticipated by Krezanoski.1 The examiner argued that:
Krezanoski discloses a liquid composition comprising polyoxyethylene-
polypropylene block copolymer wherein the composition has a sol-gel
transition temperature in the range from about 25 °C to about 40 °C; the
polymer has a molecular weight of 7,500 Daltons to about 15,500 Daltons
and the solubility is greater than about 10 gram[s] per 100 ml water
(abstract, column 2, line 64 to column 3 and line 19, column 5, lines 28-33
and Examples I-VIII).
1 Krezanoski, U.S. Patent No. 4,188,373, issued February 12, 1980.
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