Appeal No. 2007-0307
Application No. 09733,640
concludes, for this reason, that the "composition claimed by applicant is also an
intermediate prior to solidification in the body" and Lundgren's polymer solution is
capable of performing the intended use, that is, capable of being injected, making
the composition "injectable" within the meaning of the claim. Answer, pages 12-
13.
We agree with the examiner that Lundgren's composition when in solution is
capable of being injected, making the composition "injectable" within the meaning
of the claim.
Appellants’ specification (pages 16-17) states
For an implant administered by injection, the fluid mixture transforms
into a depot upon contact with the native fluid in the body. This depot
is characterized by its phase separation from the physiological fluid
and its decreased fluidity relative to the original mixture. The depot
may be a semifluid gel, it may be a solid, or it may have an
intermediate rigidity. It is this depot that serves as the polymeric
implant for controlled release of the bioactive agent.
Since the implant systems of the present invention preferably are
formed as viscous gels, the means of administration of the implants is
not limited to injection, although that mode of delivery may often be
preferred. Where the implant will be administered as a leave-behind
product, it may be formed to fit into a body cavity existing after
completion of surgery or it may be applied as a flowable gel by
brushing or palleting the gel onto residual tissue or bone.… It is also
possible to form the depot outside the body and then to implant the
depot surgically.
Thus, in view of the above teachings from the specification, the
claimed composition can be injected into an implantable shape outside the
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