Ex Parte GARFIELD et al - Page 1


                          The opinion in support of the decision being entered today was not written          
                                for publication and is not binding precedent of the Board.                    
                                                                                Paper No.  24                 
                       UNITED STATES PATENT AND TRADEMARK OFFICE                                              
                                                __________                                                    
                            BEFORE THE BOARD OF PATENT APPEALS                                                
                                         AND INTERFERENCES                                                    
                                                __________                                                    
                          Ex parte ROBERT E. GARFIELD and KRISTOF CHWALISZ                                    
                                                __________                                                    
                                            Appeal No. 2001-0982                                              
                                         Application No.  08/310,950                                          
                                                __________                                                    
                                                 ON BRIEF                                                     
                                                __________                                                    
                Before SCHEINER, ADAMS and GREEN, Administrative Patent Judges.                               
                ADAMS, Administrative Patent Judge.                                                           
                                              DECISION ON APPEAL                                              
                      This is a decision on the appeal under 35 U.S.C. § 134 from the                         
                examiner’s final rejection of claims 1-23, which are all the claims pending in the            
                application.                                                                                  
                      Claims 1 and 16 are illustrative of the subject matter on appeal and are                
                reproduced below:                                                                             
                      1. A method of treatment selected from the group consisting of (a)                      
                           preventing or treating atherosclerotic vascular disease in a mammal;               
                           b) hormone replacement therapy in a peri- or post-menopausal                       
                           female mammal; and c) treating hypertension in a mammal, which                     
                           comprises administering to the afflicted mammal an amount of                       
                           prostacyclin or prostacyclin analog in combination with one or more                
                           of an estrogen and a progestin, in amounts effective to ameliorate or              
                           prevent the appearance of the symptoms thereof, wherein said                       
                           amounts are synergistically effective and the amounts of                           
                           prostacyclin, prostacyclin analog, estrogen or progesterone are                    
                           individually ineffective or marginally effective.                                  





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