Imperial Chemical Industries, Plc, Plaintiff-appellant, v. Danbury Pharmacal, Inc., Defendant-appellee, 972 F.2d 1354 (Fed. Cir. 1992)

The judgment of the United States District Court for the District of Delaware that Claim 2 of Imperial Chemical Industries' Patent No. 3,934,032 is invalid for obviousness, 35 U.S.C. § 103 (1988), is affirmed on the basis of the court's fine opinion. See 777 F. Supp. 330 (1991). Accordingly, we need not, and do not, reach the enablement basis on which the court also ruled except to observe that, contrary to ICI and amicus, nothing in its opinion supports a reading that an enabling disclosure must disclose the FDA recommended dose range subsequently derived. Such a proposition would command attention if and when properly presented.