Appeal No. 94-1545
Application 07/939,990
with a pharmaceutically acceptable acid resistant enteric
phthalate soluble in intestinal juice of the small intestine,
and (2) an acidic lipid regulator, e.g., gemfibrozil (Ghebre-
Sellassie, col. 6, Claim 1).
We find that the inventive compositions Ghebre-Sellassie
describes are not reaction products at all. In fact, Ghebre-
Sellassie coats the basic anion exchange resin lipid regulator
for the express purpose of preventing a salt-forming reaction
between the basic anion exchange resin lipid regulator and other
known acidic lipid regulators, e.g., gemfibrozil and nicotinic
acid. Ghebre-Sellassie teaches that salt-forming reactions
reduce the pharmaceutical efficacy of the individual regulators
(col. 1, lines 61 to 65):
Furthermore, the coating process used in the
pretreatment virtually assures that the
cholestyramine or other ionic component will not
react to any significant extent before it reaches
the proper location in the gastrointestinal tract
so that its efficacy is maximized (emphasis
added).
Thus, Ghebre-Sellassie actually teaches away from the salt
appellant claims. However, teaching away from the claimed
invention is pertinent to determinations of patentability under
35 U.S.C. § 103, not findings of anticipation under § 102.
Nevertheless, why the examiner cannot understand that a salt
is the reaction product of an acid and a base escapes us. While
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