Ex Parte Pugliese - Page 14



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

          treatment of obesity, accummulation of fat, localized accumulation           
          of fat, cellulite or associated cellulitis.  Each of the prior art           
          agents is said to be active for promoting fat degradation and/or             
          lean body mass, controlling digestion and absorption of lipids,              
          increasing lipolysis, inhibiting phosphodiesterase activity,                 
          slimming, treating obesity, treating cellulite, treating cellulitis          
          or regenerating tissue.  Thus, it also would have been obvious to            
          make and use the multicomponent compositions Pugliese claims for any         
          of the reasons the applied prior art suggests with reasonable                
          expectation that the compositions would generally promote fat                
          degradation and/or lean body mass, control digestion and absorption          
          of lipids, increase lipolysis, inhibit phosphodiesterase activity,           
          promote slimming, treat obesity or regenerate tissue.  Persons               
          having ordinary skill in the art reasonably would have expected that         
          compositions comprising all the active agents described by the               
          applied prior art would promote fat degradation and/or lean body             
          mass, control digestion and absorption of lipids, increase                   
          lipolysis, inhibit phosphodiesterase activity, cause slimming, treat         
          obesity and regenerate tissue associated with cellulite and                  
          associated cellulitis.                                                       
               Most of the cited references explicitly state that the agents           
          described are thought to be active for treating localized                    
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