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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