Appeal No. 95-2220
Application No. 08/059,682
associated with premenstrual syndrome an amount of a
combination of calcium and vitamin D which is effective to
reduce the symptoms. Claim 1 is representative and is
reproduced below:
1. A method for treating symptoms associated with
premenstrual syndrome comprising administering to an
individual having symptoms associated with premenstrual
symptomatology an amount of a combination of calcium and
vitamin D effective to significantly reduce said symptoms.
The references of record relied upon by the examiner are:
Thys-Jacobs 4,946,679 Aug. 7,
1990
Yamato et al. (Yamato) 4,501,738 Feb. 26,
1985
The appealed claims stand rejected under 35 U.S.C. § 103
as unpatentable over Thys-Jacobs in view of Yamato.
We cannot sustain the stated rejection.
It is the examiner’s position that the claimed subject
matter is prima facie obvious in view of the holding set forth
in In re Kerkhoven, 626 F.2d 846, 850, 205 USPQ 1069, 1073
(CCPA 1980) that “it is prima facie obvious to combine two
compositions each of which is taught by the prior art to be
useful for the same purpose” [emphasis added].
2
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