Appeal No. 95-2220
Application No. 08/059,682
Accordingly, we cannot sustain the stated rejection of
the appealed claims.
NEW REJECTION
Pursuant to our authority under 37 CFR § 1.196(b) we
state the following new rejection. Claims 1 through 12 are
rejected under 35 U.S.C. § 103 over UK Patent 2,169,202 to
Barron published July 9, 1986.
Barron discloses a method for treating individuals having
severe menstrual symptoms by administering a composition
comprising, inter alia, vitamin D and calcium. In discussing
the Barron reference at the oral hearing for this appeal,
counsel for appellant indicated that menstrual symptoms and
PMS symptoms are not identical. However, menstrual symptoms
such as intestinal cramping, insomnia, irritability, and
tension (Barron at page 1, lines 4-12) are also common PMS
symptoms (Specification, page 5, line 31 to page 6, line 1).
Accordingly, one of ordinary skill in this art would have
recognized from Barron’s disclosures that a combined dosage of
calcium and vitamin D would be effective to relieve PMS
symptoms of a “premenopausal woman experiencing PMS
symptomatology” (brief, unnumbered page 2). Indeed, Barron
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