Ex Parte Ullah 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                                for publication and is not binding precedent of the Board.                   

                      UNITED STATES PATENT AND TRADEMARK OFFICE                                              
                                                __________                                                   
                           BEFORE THE BOARD OF PATENT APPEALS                                                
                                        AND INTERFERENCES                                                    
                                                __________                                                   
                                        Ex parte ISMAT ULLAH, and                                            
                                           NEMICHAND B. JAIN                                                 
                                                __________                                                   
                                           Appeal No. 2006-2471                                              
                                         Application No. 09/824,364                                          
                                                __________                                                   
                                                 ON BRIEF                                                    
                                                __________                                                   
            Before SCHEINER, GRIMES, and LEBOVITZ, Administrative Patent Judges.                             
            LEBOVITZ, Administrative Patent Judge.                                                           

                                          DECISION ON APPEAL                                                 
                   This appeal involves claims to methods of treating patients by administering a            
            pharmaceutical composition containing statin and aspirin.  The examiner has rejected             
            the claims as obvious over prior art.  We have jurisdiction under 35 U.S.C. § 134.  We           
            affirm.                                                                                          
                                                Background                                                   
                   Statins are a class of cholesterol lowering agents which are HMG CoA reductase            
            inhibitors.  Specification, page 6, lines 6-7.  Examples include atorvastatin (Lipitor®) and     
            prevastatin (Pravachol®).  Id., page 7-11.  “The use of aspirin for reducing the risk of a       
            myocardial infarction and the use of statins for lowering cholesterol and preventing or          






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