Ex Parte 5955106 et al - Page 2

                Appeal No.  2006-3234                                                                           
                Application No.  90/006,410                                                                     

                       The patent under reexamination is US patent 5,955,106, issued on 21                      
                September 1999 from application 08/793,753, filed 14 March 1997. (‘106).2                       
                       In her rejections of claims 1-138, all the pending claims, the examiner                  
                relies upon the following references:                                                           
                       (1) Red List, Pharmaceutical Directory of the BPI (German Federal                        
                Association of the Pharmaceutical Industry) (1993). (Red List)                                  
                       (2) Abdallah, et al., STP Pharma, 41(1), 1998, 15-20. (Abdallah).                        
                       (3) Evenstad,  US  5,126,145,  issued  on  30  June  1992  from                          
                application 07/536,184, filed 11 June 1990. (Evenstad).                                         
                       (4) Otaya, et al., Ann. Repts. Shionogi Rserach Labs. (1) (1954),                        
                462-64. (Otaya).                                                                                
                       (Examiner’s Answer (“Answer”) at 3-4).                                                   
                       The examiner also relies upon a declaration from Bernd Schneider,                        
                said to be an employee of Medice Arzneimittel Pütter GmbH & Co. KG.                             
                (Schneider declaration).                                                                        
                       Claims 1-4, 8-11, 20-23, 30-38, 40, 41, 45, 68, 69, 72, 73, 82-101,                      
                104, and 105 are rejected under 35 USC §102(b) as being anticipated by the                      
                Red List. (Answer at 4).                                                                        
                       Claims 1-33, 37-59, 62-94, 96, 97, 100-122, and 127-138 are rejected                     
                under 35 USC § 103(a) as being obvious over Abdallah in view of Evenstad.                       
                (Answer at 5), while claims 34-36, 60, 61, 95, 98, 99 and 123-126 are                           
                rejected under 35 USC § 103(a) as being obvious over Abdallah and                               


                                                                                                               
                2  The application is said to have been filed under 35 USC § 371 on 14                          
                March 1997, based on PCT/EP/03610, filed 14 September 1995 (published                           
                as WO96/08243 on 21 March 1996).                                                                

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