Appeal No. 95-5133
Application 08/135,523
claims 1, 5-8, 10-12 and 14, all of the claims pending in the application.
Claims 1 and 14 are illustrative of the claims on appeal and are appended to this decision.
The references relied upon by the examiner are:
A. H. Merrill et al. (Merrill), "Diseases Associated with Defects in Vitamin B6 Metabolism or
Utilization", Ann. Rev. Nutr. , Vol. 7, pages 144-147 (1987)
A. Osol et al. (Remington's), Remington's Pharmaceutical Sciences, 16th edition, Merck Publishing Co.
(PA.), pages 960-961 (1980)
M. Windholz et al. (Merck), The Merck Index, Merck & Co., page 1151, cit. 7878 (1983)2
Grounds of Rejection
Claim 14 stands rejected under 35 U.S.C. § 102, as anticipated by Merck.
Claims 1, 5-8, and 10-12 stand rejected under 35 U.S.C. § 103. As evidence of obviousness,
the examiner relies upon Merrill and Remington's
We affirm the rejection under 35 U.S.C. § 102 and reverse the rejection under 35 U.S.C. §
103.
Claims:
2The examiner in his answer and appellant in his principal brief have referred to The Merck
Index, page 1151, item 7880. However, item 7880 describes "Pyridoxamine Dihydrochloride", while
item 7878 at page 1151 describes "pyridoxal". In our consideration of this reference, we have
considered the disclosure and the examiner's reliance on the reference to be directed to item 7878 as it
relates to the compound pyridoxal.
2
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