Appeal 2007-1073
Application 10/308,176
Claim 104 is representative.
104. A unit dosage form consisting essentially of about 10 µg to
about 70 µg of calcitrol, about 50% MIGLYOL 812 by weight, about 50%
tocopherol PEG-1000 succinate by weight, butylated hydroxyanisole and
butylated hydroxytoluene.
Grounds of Rejection
1. Claims 104-108 stand rejected under 35 U.S.C. § 112, first
paragraph, as containing subject matter which was not described in the
specification in such a way as to reasonably convey to one skilled in the
relevant art that the inventor had possession of the invention.
2. Claims 104-108 stand rejected under 35 U.S.C. § 112, second
paragraph, for claim indefiniteness.
3. Claims 104-108 stand rejected under 35 U.S.C. § 103 for
obviousness over Barbier in view of Chen and admissions in Appellants’
Specification, page 2.
Cited References
Barbier US 5,919,986 A July 6, 1999
Chen US 6,267,985 B1 July 31, 2001
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