Ex parte KUNIN - Page 3

          Appeal No. 94-1545                                                           
          Application 07/939,990                                                       
          invention appellant claims in the possession of the public.                  
               Appellant claims a salt, i.e., a reaction product of an acid            
          with a base.  The acid is nicotinic acid.  The base is a basic               
          anion exchange resin crosslinked to a specified degree with                  
          divinylbenzene.  While the crosslinking limitations of the basic             
          anion exchange resin reactant are not apparent from Ghebre-                  
          Sellassie's general description of cholestyramine, i.e., a                   
          pharmaceutically important anionic-exchange resin including                  
          "basic quaternary ammonium-exchange functionalities . . .                    
          attached to a styrene divinylbenzene copolymer skeleton"                     
          (col. 2, lines 63-66) having the structure depicted at column 3,             
          lines 1-10, appellant does not challenge the examiner's inference            
          that the basic anion exchange resin reactant described by Ghebre-            
          Sellassie is either identical to or substantially the same as the            
          basic anion exchange resin reactant of appellant's salt.                     
               Nor does the appellant deny that Ghebre-Sellassie teaches               
          that cholestyramine and nicotinic acid are both known lipid                  
          lowering/regulating agents (col. 3, lines 12-25 and 40-50) and               
          contemplates formulations comprising cholestyramine and other                
          lipid modifiers, one of which may be nicotinic acid (col. 3,                 
          lines 33-50).  Rather appellant argues that Ghebre-Sellassie's               
          invention is directed to pharmaceutical compositions comprising              
          (1) a basic anion exchange resin lipid regulator which is coated             


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Last modified: November 3, 2007