Appeal 2007-2524
Application 10/194,834
4. “[T]he compositions . . . contain one or more antibiotics in a
concentration of from about 0.03 to about 30.0 percent by weight, based on
the total weight of the compositions (“wt. %”) (Cagle, at col. 4, ll. 7-11).
5. Cagle’s disclosure that ciprofloxacin is a preferred antibiotic (Cagle, at
col. 2, ll. 63, at col. 3, l. 39) in its ophthalmic composition constitutes a
description of a composition comprising ciprofloxacin.
6. The description of a composition comprising ciprofloxacin in Cagle, at
column 2, line 63 to column 3, line 39, does not describe the presence of a
preservative in describing a preferred composition comprising ciprofloxacin.
7. Cagle does not state that a preservative is necessary to achieve the
compositions’s purpose in sterilizing and treating post surgical infections.
8. Example 1 shows a composition comprising 0.35 wt % ciprofloxacin and
benzalkonium chloride (“BAC”) (Cagle, at col. 7, ll. 40-45).
9. Example 2 shows a composition comprising 0.03 wt % ciprofloxacin
(Cagle, at col. 8, l. 18) which is within the range of “0.03 to about 30.0
percent by weight” described as being therapeutically effective (Cagle, at
col. 4, ll. 7-11).
10. The composition of Example 2 does not contain BAC.
11. The composition of Example 2 was used to determine the corneal
penetration coefficient of the ciprofloxacin (Cagle, at col. 8, ll. 20-40).
12. Example 3 shows formulations A, B, and C, each which comprise 0.35
wt % ciprofloxacin and BAC (Cagle, at col. 8, ll. 41-65).
13. Claim 1 of Cagle is a topical ophthalmic solution comprising an
antimicrobial effective amount of ciprofloxacin (Cagle, at col. 10, ll. 15-25).
14. Claim 1 does not describe the presence of a preservative in the claimed
composition.
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