Ex parte KUNIN - Page 5




          Appeal No. 94-1545                                                           
          Application 07/939,990                                                       
          we find that Ghebre-Sellassie compares the amount of gemfibrozil             
          which binds to treated cholestyramine at pH 4.5-7.5 (Table II) to            
          amount of gemfibrozil which binds to untreated cholestyramine at             
          the same pH (Table I), we find that Ghebre-Sellassie does not                
          sufficiently describe a salt of nicotinic acid and untreated                 
          cholestyramine to have placed it in the possession of the public.            


                                      Conclusion                                       
               1.   The rejection of Claim 2 under 35 U.S.C.  112, fourth             
          paragraph, is affirmed.                                                      
               2.   The rejection of Claims 1-7 under 35 U.S.C.  102 is               
          reversed.                                                                    
               No time period for taking any subsequent action in                      
          connection with this appeal may be extended under 37 CFR                     
           1.136(a).                                                                  
                                   AFFIRMED-IN-PART                                    





          Sherman D. Winters              )                                            
               Administrative Patent Judge     )                                       
                    )                                                                  
                                                   )                                   
                                                   )                                   
                         William F. Smith                ) BOARD OF PATENT             
                         Administrative Patent Judge     )   APPEALS AND               
                                                   )  INTERFERENCES                    
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