Appeal No. 95-4824
Application 07/966,163
Lloyd-Jones teaches that it was known in the art to use
polyacrylates to treat peptic ulcers (page 1, line 8 - page 2,
line 19), and discloses use of polyacrylates to treat
inflammatory bowel disease (page 5, lines 24-26; page 6, lines 6-
9).
Borody discloses a pharmaceutical composition for treating
gastrointestinal disorders associated with C. pylori infections,
which comprises a pharmaceutically acceptable bismuth compound, a
first antibiotic or antimicrobial agent, and a second antibiotic
or antimicrobial agent (col. 1, line 65 - col. 2, line 2; col. 2,
lines 27-33). In a preferred embodiment, a capsule is provided
which contains an effective amount of a pharmaceutically
acceptable bismuth compound, enteric-coated microspherules of an
antibiotic of the tetracycline class or penicillin class, and a
second antibiotic of the metronidazole class, which optionally is
provided in enteric-coated microspherule form (col. 3, lines 38-
46).
The examiner argues that it would have been obvious to one
of ordinary skill in the art to combine a bismuth-containing
compound of either Coveney or Borody with a polyacrylate of
Lloyd-Jones in order to obtain an additive effect (answer, pages
4-5). Regarding the recitation in appellants’ claims that the
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