Appeal 2007-0860
Application 10/148,535
Appellants have not provided any evidence of unexpected results to
overcome prima facie obviousness (FFs 30-32). In fact, they have admitted
the l-enantiomer has properties “broadly similar” to the racemate (FF 4).
“Granting patent protection to advances that would occur in the
ordinary course without real innovation retards progress and may, in the case
of patents combining [or using] previously known elements,” in this case the
enantiomers of MPH, “deprive prior inventions of their value or utility.”
KSR Int’l, 127 S. Ct. at 1741. Appellants have not provided any “quid pro
quo” to justify giving them exclusive rights to using a known enantiomer of
Ritalin® to treat previously treated disorders.
lbg
SALIWANCHIK LLOYD & SALIWANCHIK
A PROFESSIONAL ASSOCIATION
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GAINESVILLE FL 32614-2950
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