Appeal No. 1997-2751
Application No. 08/159,096
The examiner relies on the following references:1
European Patent
Gall et al. (Gall) 0 252 505 Jan. 13, 1988
Henricson et al. (Henricson), “The Effect of Diphosphonates on Fracture Healing
in Rats Stuidied with Monoclonal Antibodies,” Calcified Tissue Int., Vol. 39
(Suppl.), page A74 (1986).
Kanis, “Treatment of Osteoporotic Fracture,” The Lancet, pp. 27-33 (1984).
Fitton et al. (Fittion), “Pamidronate: A Review of its Pharmacological Properties
and Therapeutic Efficacy in Resorptive Bone Disease,” Drugs, Vol. 41, pp. 289-
318 (1991).
Claims 1-14 stand rejected under 35 U.S.C. § 103 over the combination of
Fitton, Gall, Kanis, and Henricson.
We reverse and enter a new ground of rejection under 37 CFR § 1.196(b).
Background
As explained in Appellants’ specification, bisphosphonate (aka
diphosphonate) compounds are used clinically to inhibit excessive bone
resorption associated with diseases such as osteoporosis and Paget’s disease.
Because bisphosphonates inhibit bone resorption, researchers in the prior art
generally expressed an expectation that they would interfere with the normal
fracture-healing process. Appellants allege that, contrary to these expectations,
certain methanebisphosphonic acid derivatives actually aid in the healing of bone
fractures. Appellants state that these compounds “promote a more rapid and
stronger fracture healing.” Specification, page 2.
1 The Examiner in her Answer did not provide proper citations for the references by Fitton, Kanis,
or Henricson. See MPEP § 707.05(e) (a correct citation to an article in a periodical “includes the
author(s) and title of the article and the title, volume number, issue number, date and pages of the
2
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