Appeal No. 95-5133
Application 08/135,523
the prima facie case of unpatentability over Merck and Remington's. See In re Papesch, 315 F.2d
381, 386, 137 USPQ 43, 47 (CCPA 1963).
The rejection of claims 1, 5-8, and 12 under 35 U.S.C. § 103 is reversed.
Other Matters:
Should further prosecution take place before the examiner, we urge the examiner to step back
and consider, anew, the disclosure of French Patent 2,255,883 . While the invention described in the3
French patent is to a combination of clofibric acid and at least one substance with vitamin B activity, it
6
would appear that the patent also discloses that “substances with B action . . . . had a good
6
hypocholesterolemic . . . action.” Such a disclosure might reasonaly suggest the use of this compound in
the treatment and prevention of atherosclerosis and/or hyperlipidemia. The examine should note
particularly pages 2 and 3 of the translation. See also Table 1 where the effect of vitamin B per se,
6
i.e., not co-administered with clofibric acid, on levels of serum cholesterol and serum lipids is
3A translation of this reference has been prepared for the PTO by Diplomatic Language
Services, Inc., in March 1999, a copy of which is attached to this decision.
8
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: November 3, 2007