Appeal 2007-2524
Application 10/194,834
36. A composition comprising:
a quinolone component present in the composition in an
amount in a range of about 0.15% weight/volume to about 1.1%
weight/volume and being effective to act as a preservative in
the composition; and
a carrier component in an amount effective to act as a
carrier for the quinolone component, the carrier component
being ophthalmically acceptable, the composition being in a
multi-dose format, being free of any other component effective
as a preservative, and being sufficiently self-preserved so as to
pass the United States Preservative Efficacy Test.
44. A method for treating a mammalian eye comprising:
administering to a living mammalian eye a
therapeutically effective amount of the composition of claim
36.
ISSUE ON APPEAL
The issue in this appeal is whether the Examiner erred in concluding
that claims 36 and 44 are anticipated under 35 U.S.C. § 102(b) by Cagle.
FINDINGS OF FACT
1. Cagle describes “utilizing sustained release compositions which allow the
antibiotics contained therein to penetrate deeply into the eye” for sterilizing
the eye during intraocular surgical procedures and to prevent post-surgical
infections (Cagle, Abstract and at col. 2, ll. 6-18).
2. Preferred antibiotics are quinolones, such as ciprofloxacin, ofloxacin, and
norfloxacin (Cagle, at col. 2, 20-21, 56-65).
3. The compositions comprise an amount of antibiotic which, when
administered to a subject, achieves “an antimicrobial effective amount” of
antibiotic in the eye (Cagle, at col. 4, ll. 1-7).
3
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