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Unformatted text preview: and coated were not comparable to omeprazole Prior art taught away from the subcoated formulation Prior art disclosure to omeprazole formulations did not disclose stability problems 38 38 Highlights and Guidance
s Recognition of problems in the prior art as well as answers to problems in the prior art may lead to a finding of obviousness In Example 4, single problem is solved with predictable results In Example 5, numerous variables suggested that the results would not be predictable 39 39 Example 6
s Claim An isolated nucleic acid molecule comprising a polynucleotide encoding a polypeptide at least 80% identical to amino acids 22 – 221 of SEQ ID NO:2, wherein the polypeptide binds CD48 40 40 Example 6
s Prior Art Reference disclosed p38 protein (same protein as NAIL) and methods of isolation by using mAbs as well as methods of obtaining the polynucleotide sequence but does not disclose the sequence of p38 Reference disclosed the nucleic acid sequence of the highly conserved murine version of p38 and identified a human homologue 41 41 Example 6
s Conclusion One of ordinary skill in the art would have been motivated to isolate and identify the claimed nucleotide sequence based on the prior art disclosure of the p38 protein by applying conventional methodologies 42 42 Ex parte Kubin, 83 USPQ2d 1410 (Bd. Pat. App. & Int. 2007)
s Board’s Analysis State of the art has advanced Reliance on KSR – “obvious to try” in view of limited methodologies available to isolat...
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