Appeal No. 2005-0027
Application No. 09/777,874
Claim 30 is directed to a method for treating hypercholesterolaemia comprising,
administering to a subject in need thereof, an effective amount of the composition of
claim 11. As discussed above, Hastings clearly states that its composition is effective to
lower LDL cholesterol. Thus, it would reasonably appear that the combination of
Hastings and Wiegand describes a method for treating hypercholesterolaemia.
The rejection of claims 28-30 under 35 U.S.C. §103(a), as obvious over
Wiegand in view of Moffett or Hastings by itself or in view of Wiegand or Burtle
individually or in combination, both as set forth above, further in view of Cavazza, is
affirmed.
CONCLUSION
The rejection of claims 11-18, 20-27 and 30-31 under 35 U.S.C. §103(a), as
obvious over Hastings in view of Wiegand or Burtle, by themselves or in combination is
affirmed. The rejection of claims 28-30 under 35 U.S.C. §103(a), as obvious over
Wiegand in view of Moffett or Hastings by itself or in view of Wiegand or Burtle
individually or in combination, both as set forth above, further in view of Cavazza, is
affirmed. We do not reach the other rejections before us on the merits as our decision
above, disposes of all the claims on appeal.
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