Ex Parte Davidson et al - Page 10

                 Appeal 2007-0860                                                                                      
                 Application 10/148,535                                                                                
                 that fact that these are distinct disorders.  Again, when combined with the                           
                 teaching of Harris that it is the d-threo enantiomer of methylphenidate that                          
                 has the preferred therapeutic activity (Harris p.1), we conclude that the                             
                 combination of Harris and Carlson does not render obvious a method of                                 
                 treating a bipolar disorder by administering an effective amount of l-threo-                          
                 methylphenidate in substantially single enantiomer form.  The Examiner has                            
                 therefore failed to establish a prima facie case of obviousness, and we are                           
                 compelled to reverse the rejection.                                                                   
                                                  CONCLUSION                                                           
                     In summary, we conclude that the Examiner has failed to set forth a                               
                 prima facie case of obviousness for the reasons set forth above, and the                              
                 rejection of claims 2 and 7 under 35.U.S.C.  103(a) as being obvious over                            
                 the combination of Harris and Gross-Tsur is reversed, as is the rejection of                          
                 claims 3 and 7 under 35.U.S.C.  103(a) as being obvious over the                                     
                 combination of Harris and Carlson.                                                                    


                                                    REVERSED                                                           












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