Ex Parte BERGEY et al - Page 3




         Appeal No. 94-2113                                                         
         Application 07/801,207                                                     

         has additionally rejected claims 1 to 4, 11 to 16 and 19 to 28 as          
         being unpatentable under 35 U.S.C. § 103 over the prior art, in            
         particular the combination Hoffman et al. and Aberg et al.                 
              The examiner found, and applicants do not seem to disagree,           
         that Cecil discloses that high cholesterol levels and                      
         hypertension are major risks factors for atherosclerosis.                  
         (Appeal Brief, page 5; Examiner’s Answer, page 4).                         
              The examiner found, and applicants do not seem to disagree,           
         that Costa et al., Weinstein et al. and Someya et al. describe             
         that hypertension accelerates the progress of atherosclerosis and          
         that atherosclerotic mammals treated with ACE inhibitors showed a          
         regression in their atherosclerotic symptoms. (Examiner’s Answer,          
         page 4).                                                                   
              The examiner found, and applicants do not seem to disagree,           
         that Hoffman et al. describes the use of cholesterol lowering              
         drugs to treat hypercholesterolemia, a known risk factor in                
         atherosclerosis. (Examiner’s Answer, page 4).                              
              The examiner found, and applicants do not seem to disagree,           
         that Aberg et al. describes ACE inhibitors *** to be useful in             
         stabilizing or causing a regression of atherosclerosis.                    
         (Examiner’s Answer, page 5).                                               
              The only salient argument that is advanced by the applicants          
         against the rejections is that none of the references describe or          
         suggest the use of a combination of a cholesterol lowering drug            
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