Appeal No. 2006-2587 Page 7
Application No. 09/879,710
administered to human beings in doses from 200 mg to 3 g per day, preferably of
800 mg per day.” According to appellants’ specification (page 5), the
therapeutically effective amount called for in appellants’ claimed invention “could
range from 100 mg to 10 grams daily. . . .” Thus, the dosage range set forth in
Joullié appears to fall within appellants’ disclosed therapeutic range.
Accordingly, prior to any further action on the merits, we encourage the
examiner to take a step back and reconsider whether Joullié alone, or in
combination with any other available prior art, teaches a composition within the
scope of appellants’ claimed invention.
REVERSED
)
Donald E. Adams )
Administrative Patent Judge )
)
) BOARD OF PATENT
)
Lora M. Green ) APPEALS AND
Administrative Patent Judge )
) INTERFERENCES
)
)
Richard M. Lebovitz )
Administrative Patent Judge )
DEA/lbg
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