Ex Parte Pugliese - Page 10



          Appeal No. 2005-0545                                                         
          Application No. 09/989,019                                                   

          col. 2, l. 55-63) to promote lean body mass while simultaneously             
          reducing body fat (Majeed, col. 1, l. 67, to col. 2, l. 6, and               
          col. 3, l. 37-53).  Majeed states, “It is well known in the                  
          literature that forskohlin is related to lipolysis in isolated fat           
          cells . . .” (Majeed, col. 2, l. 19-35).  Suitable carriers,                 
          diluents and excipients for topical administration of forskohli are          
          said to be well known in the art (Majeed, col. 4, l. 47-49).                 
               Kuppusamy teaches that the flavonoids “quercetin and fisetin            
          were potent PDE [phosphodiesterase] inhibitors which were also among         
          the more active lipolytic compounds (Table 2).  Fisetin was only             
          half as potent, as a PDE inhibitor, when compared to quercetin but           
          showed greater lipolytic activity than quercetin” (Kuppusamy,                
          p. 1312, col. 2).  See Kuppusamy’s Table 2 (p. 1309) for the                 
          comparative PDE activity and lipolysis of other test compounds               
          including theophylline, genistein, and daidzein.  Moreover, fisetin          
          and quercetin caused a synergistic increase in lipolysis in the              
          presence of other drugs (Kuppusamy, p. 1313, col. 2, to p. 1314,             
          col. 1).  The prior art recognized that “[c]ompounds that cause              
          direct lipolysis may have a use in anti-obesity therapy . . .”               
          (Kuppusamy, p. 1307, col. 2).                                                
               Lotte (English translation of Japanese Patent Publication Hei           
          7-61927) teaches one or more (Lotte, p. 9) lipase-inhibiting agents          
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