Appeal 2007-2124
Application 10/175,515
approaches for generating Re-188 from the more stable We-188 isotope at
the site of use (Specification 2-4). The invention is described as providing
an Re-188 generator which contains “a matrix comprising a substantially
non-elutable inorganic layered hydroxide compound containing tungsten-
188” to generate Re-188 (Specification 4).
The Examiner relies on the following evidence of unpatentability:
Ehrhardt US 4,859,431 Aug. 22, 1989
Claims 1-53 are pending (Supp. Br. 1). Claims 1, 8-13, 19, 26-28, 36-
38, and 47-52 stand rejected under 35 U.S.C. § 103(a) as obvious over
Ehrhardt (Supp. Br. 2). Claims 2-7, 14-18, 20-25, 29-35, 39-46, and 53
“stand objected to as being dependent upon a rejected base claim but would
be patentable if rewritten in independent form including all of the base
limitations of the base claim and any intervening claims” (Suppl. Br. 2).
There are four independent claims, 1, 13, 19, and 28. Each of the
independent claims involves an inorganic layered hydroxide compound for
producing Re-188. We select claim 1 as representative. Claim 1 reads as
follows:
A rhenium-188 generator comprising an elutable container
defining an eluant flow path, the container containing a matrix
comprising a substantially non-elutable inorganic layered
hydroxide compound containing tungsten-188.
ISSUE ON APPEAL
The Examiner contends that Ehrhardt describes a tungsten compound
and a base, such as sodium hydroxide, meeting the claimed limitation of an
“inorganic layered [hydroxide] compound containing tungsten-188”
(Answer 5-6). Appellants contend that the phrase “inorganic layered
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