Appeal No. 2006-3204 Page 2
Application No. 10/057,629
Claims 1, 8, 9, 10, 11, 13-24, 32-45 and 53-56 stand rejected under 35
U.S.C. § 103(a) as being obvious over the combination of Rosenblum2 and
Belamarich.3 After careful review of the record and consideration of the issues
before us, we reverse.
BACKGROUND
According to the specification:
Sitosterolemia is a genetic lipid storage disorder
characterized by increased levels of sitosterol and other plant
sterols in the plasma and other tissues due to increased non-
selective intestinal absorption of sterols and decreased hepatic
removal. Individuals having sitosterolemia can exhibit one or more
of the following conditions: tendon and tuberous xanthomas,
arthritis, hemolytic episodes, accelerated atherosclerosis and
myocardial infarctions, and can die at an early age due to extensive
coronary atherosclerosis.
Id. at 1.
DISCUSSION
Claims 1, 8, 9, 10, 11, 13-24, 32-45 and 53-56 stand rejected under
35 U.S.C. § 103(a) as being obvious over the combination of Rosenblum and
Belamarich.
Rosenblum is cited for teaching the use of ezetimibe, a sterol adsorption
inhibitor, with an HMG-CoA reductase inhibitor, such as simvastatin, in lowering
cholesterol and reducing the risk of atherosclerosis. See Examiner’s Answer,
page 3. The examiner acknowledges that Rosenblum “does not expressly teach
2 Rosenblum et al. (Rosenblum), U.S. Patent No. 5,846,966, issued December 8, 1998.
3 Belamarich et al. (Belamarich), “Response to Diet and Cholestyramine in a Patient with
Sitosterolemia,” Pediatrics, Vol. 86, No. 6, pp. 977-81 (1990).
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