Ex parte SAITO et al. - Page 2




          Appeal No. 94-4009                                   Paper No. 32           
          Application No. 07/953,716                                 Page 2           
          assignee of record for the following three related patents for              
          pharmaceutical compositions known as mevalonolactones:                      
               Fujikawa et al., 5,011,930, issued 30 Apr. 1991 ('930);                
               Fujikawa et al., 5,024,999, issued 18 June 1991 ('999);                
          and                                                                         
               Fujikawa et al., 5,026,698, issued 25 June 1991 ('698).                
               Appellants state, and the prior art teaches, that "the                 
          compounds of Fujikawa et al[.]...are useful as curing agents                
          against hyperlipidemia, hyperlipoproteinemia and                            
          atherosclerosis" (Paper No. 18 (App. Br.) at 7 (emphasis in                 
          original, citations omitted); '930 at 12:8-11; '999 at 26:31-               
          34; '698 at 28:11-14).                                                      
               The subject matter claimed in the present application is               
          best illustrated in the sole independent claim, claim 11,                   
          which begins (Paper No. 8 (22 June 1993 Admt.) at 1-2):                     
                    A method for inhibiting proliferation of aortic                   
               intimal smooth muscle cells, inhibiting migration of                   
               aortic medial smooth muscle cells into intima, or                      
               inhibiting adhesion of blood cells to endothelium,                     
               comprising administering to a patient in need                          
               thereof prior to atherosclerotic intimal thickening                    
               an effective amount of a compound of the formula                       
               (I):                                                                   
                    [Formula omitted].                                                










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