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
3
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Last modified: November 3, 2007