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for publication and is not binding precedent of the Board.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. 15
UNITED STATES PATENT AND TRADEMARK OFFICE
__________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
__________
Ex parte RICHARD ROSENBLOOM
__________
Appeal No. 2004-0340
Application No. 09/847,121
__________
ON BRIEF
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Before MILLS, GRIMES, and GREEN, Administrative Patent Judges.
GRIMES, Administrative Patent Judge.
DECISION ON APPEAL
This is a decision on appeal under 35 U.S.C. § 134 from the examiner’s
final rejection of claims 1-6, 10, 12, 13, and 15. Claims 7-9, 11, and 14 are also
pending but have been withdrawn from consideration. Claim 1 is representative
and reads as follows:
1. A composition for the treatment of diabetic neuropathy by a method
of administration selected from the group consisting of oral administration,
parenteral administration and inhalation, the composition comprising a mixture of
an amount of a compound that promotes synthesis of nerve growth factor
selected from the group consisting of vitamin D3, 1(S), 3(R)-dihydroxy-20(R)-(1-
ethoxy-5-ethyl-5-hydroxy-2- heptyn-1-yl)-9, 10-seco-pregna-5(Z), 7(E), 10 (19)-
triene, pharmaceutically acceptable salts thereof and mixtures thereof, which is
effective when administered in the composition to promote synthesis of nerve
growth factor, an amount of an aldose reductase inhibitor which is effective when
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