Appeal No. 95-2220
Application No. 08/059,682
That calcium has been used in a method treating
individuals having symptoms associated with PMS is not
contested by appellant, and is factually established by the
disclosures in the Thys-Jacobs reference. However, we agree
with appellant that the Yamato reference fails to provide an
adequate factual basis to establish that vitamin D has been
used to treat individuals having symptoms associated with PMS
(i.e., the same purpose). While Yamato teaches that vitamin D
may be used to treat patients suffering from hypertension,
there is no disclosure of record that hypertension involves a
symptom or symptoms associated with PMS. Indeed, appellant
correctly points out that hypertension is not a symptom of PMS
(brief, unnumbered page 3), and we take official notice that 2
hypertension is a disease involving high blood pressure while
premenstrual tension involves nervousness, mental
irritability, and depression preceding menstruation. Further,
we find that Yamato’s reference to the use of vitamin D
dosages for treating “pains” is too general a teaching to
suggest the treatment of PMS symptomatology.
2See Stedman’s Medical Dictionary, 24th Edition pages
676, 677, and 1417, copyright 1982, copy attached.
3
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