Appeal No. 94-4009 Paper No. 32
Application No. 07/953,716 Page 10
Appellants argue that Bowman teaches conventional
administration of Fujikawa's compounds would not occur until
after atherosclerotic thickening occurs (Paper No. 18 at 9).
Under the broadest interpretation of claim 11, this argument
is not relevant since Fujikawa's compounds can be used to
inhibit the further progression of the disease. Appellants'
reference, Bowman, suggests that
intimal thickening is part of the
aging process, in which case
treatment before any intimal
thickening would be difficult
(Bowman at 23.61, col. 2):
In childhood, the
intima of the arteries that
are susceptible to
atherosclerosis in
later life consists
Fig. 23.24. Diagrammatic cross-section
predominantly of loose through intimal layer of artery wall to
elastin fibres within a show stages of the development of
homogeneous matrix theromatous plaques. 1. Normal intima;
smooth muscle cells entering from media
between the luminal
with increasing age. 2. Histological
endothelium and the
lesion; smooth muscle cells
internal elastic lamina proliferating; increased deposition of
(see [figure not of fibres and perifibrous lipid. 3. Yellow
record]). With fatty streak visible from intimal
increasing age, smooth surface; smooth muscle cells transformed
to foam cells containing intracellular
muscle cells from the
lipid deposits. 4. Lipid plaque with
media enter the intima three layers; lipid-filled cells;
through fenestrations degenerating cells; amorphous lipid
in the elastic lamina layer. 5. Fibrous plaque with four
and, and the extra layers; fibrous layer; cellular layer
with intracellular and extracellular
cellular components of
lipid; inner amorphous lipid layer;
the connective tissue outer amorphous lipid layer.
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