Appeal No. 2001-1020 Page ~PAGE ~2~
Application No. 09/063,524
The examiner relies on the following references:
Goodman and Gilman’s The Pharmacological Basis of Therapeutics (Goodman
& Gilman), pp. 1420-1429 (7th ed. 1985)
Physicians’ Desk Reference (PDR), pp. 2594-2596 (48th ed. 1994)
Claims 1-3, 17, and 18 stand rejected under 35 U.S.C. § 102(b) as
anticipated by either the PDR or Goodman & Gilman.
We reverse.
Background
The specification discloses that “naturally occurring estrogenic
compositions of substantial purity and low toxicity such as PREMARIN
(conjugated equine estrogens)” are a standard treatment for hormone-related
disorders including osteoporosis. Page 1. The specification also discloses that
“3β-hydroxy-5,7,9-estratriene-17-one 3-sulfate ester sodium salt is a minor
component in PREMARIN.” Id. The specification discloses that 3β-hydroxy-
5,7,9-estratriene-17-one 3-sulfate ester sodium salt is present in PREMARIN at
something less than one percent. See page 2, lines 8-11.
Discussion
The claims are directed to a pharmaceutically acceptable salt of 3β-
hydroxy-5,7,9-estratriene-17-one 3-sulfate ester (claims 1 and 2); the sodium salt
of 3β-hydroxy-5,7,9-estratriene-17-one 3-sulfate ester, at least 1% pure (claim 3);
and pharmaceutical compositions consisting essentially of 3β-hydroxy-5,7,
9-estratriene-17-one, or a pharmaceutically acceptable salt of its 3-sulfate ester,
and a pharmaceutical carrier (claims 17 and 18).
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