Appeal No. 95-5133
Application 08/135,523
Claim 1 is directed to a method of preventing atherosclerosis and/or treating hyperlipidemia or
atherosclerosis using structurally defined pyridoxine derivatives. Claim 14 is directed to a composition
comprising a pharmaceutically acceptable carrier in combination with the structurally defined pyridoxine
derivatives. The pyridoxine derivative are stated to be present in the composition in an amount effective
to prevent atherosclerosis and/or to treat hyperlipidemia or atherosclerosis. In both claims 1 and 14,
when R and R together are oxygen and X is H, the pyridoxine derivative is pyridoxal.1 2
BACKGROUND
The applicant's invention, as described at page 1 of the specification, is directed to use of
pyridoxine derivatives in the prevention and treatment of hyperlipidemia and atherosclerosis.
The Rejection under 35 U.S.C. § 102
Claim 14 stands rejected under 35 U.S.C. § 102 as anticipated by Merck. The examiner relies
on Merck as disclosing an aqueous and alcoholic composition comprising 1 gram of pyridoxal
dissolved in 2ml. of water. The examiner compares the composition of Merck to the composition of
claim 14 and refers to the specification, page 12, last 2 lines through page 13, first 2 lines, which
discloses daily dosages of 20mg and 1000mg in 1-3 doses, as supporting the determination that the
amount of pyridoxal disclosed in the aqueous composition of the reference corresponds to the claimed
"amount . . . effective to prevent atherosclerosis and/or to treat hyperlipidemia or atherosclerosis"
required by claim 14. Where functional language is used, it is appropriate to look to the specification
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