Appeal No. 94-4009 Paper No. 32
Application No. 07/953,716 Page 14
obviousness. In re Skoll, 523 F.2d 1392, 1397, 187 USPQ 481,
484 (CCPA 1975). Recognition of an inherent property is not a
basis for rebutting a prima facie finding of obviousness.
Baxter Travenol Labs., 952 F.2d at 392, 21 USPQ2d at 1285.
Alternatively, the preponderance of the evidence of
record supports a conclusion of obviousness for claim 11.
Speight provides motivation for early preventative treatment
of at-risk patients with appropriate drug treatment (p. 594,
§ 3.1.3). High plasma lipid levels are a risk factor (id.).
Fujikawa's compounds are conceded to be useful in treating
hyperlipidemia (Paper No. 18 at 7). Thus, a person having
ordinary skill in the art would have been motivated to treat
at-risk patients for hyperlipidemia early to prevent the
development of atherosclerosis. Treating patients early for
hyperlipidemia inherently inhibits intimal thickening.
DECISION
We affirm the rejection of claims 5-7 and 11-24, all of
the pending claims. The period for taking any subsequent
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