Found on those six SIGMA catalog pages are approximately 150 different compounds divided among four discrete sub-classes: (i) anionic, (ii) cationic, (iii) zwitterionic (amphoteric) and (iv) nonionic (polar).
); see Lockwood v. Am. Airlines, Inc., 107 F.3d 1565, 1572 (Fed. Cir. 1997) (“It is not sufficient for purposes of the written description requirement of § 112 that the disclosure, when combined with the knowledge in the art, would lead one to speculate as to the modifications that the inventor might have envisioned, but failed to disclose.”).
Ex parte Maziere, 27 USPQ2d 1705 (BPAI 1993), cited by PO (POR24), is inapplicable –it was directed to foreign (not provisional) applications and is contrary to public policy reasons against incorporation-by-reference of essential material from non-patent documents.
Many benzodiazepines, including diazepam, are so slightly soluble in water that a therapeutically effective amount cannot be dissolved in a volume of aqueous solvent that is amenable to nasal insufflation as an aerosol or non-aerosol spray.” Cartt’784.Ex.1015¶[0139]-[0144](emphasis supplied).
Referring to the ‘876 Patent’s Figs. 1–3, Tables 4-1, 11-1, 11-2, and 11-3, and the same data from an EPO prosecution, the Board stated that “Petitioner’s assertion that Patent Owner never showed any unexpected results is not sufficiently supported by the evidence of record.” Decision17-21,24-27.