Ex parte FURMAN et al. - Page 8

              Appeal No. 96-0965                                                                                       
              Application 08/054,548                                                                                   


              containing Appellants' first and second compounds and supported by the same                              
              specification which here supports claim 8.  In view of the foregoing, we disagree with                   
              the examiner that Appellants' in vitro data is not predictive of a synergistic effect in vivo            
              for the combination of first and second compounds recited in claim 8.                                    
                     The rejection of claim 8 under 35 U.S.C. § 112, first paragraph is reversed.                      
                                                     REVERSED                                                          





                            SHERMAN D. WINTERS                        )                                                
                            Administrative Patent Judge               )                                                
                                                                      )                                                
                                                                      )                                                
                                                                      )   BOARD OF PATENT                              
                            WILLIAM F. SMITH                   )     APPEALS AND                                       
                            Administrative Patent Judge               )    INTERFERENCES                               
                                                                      )                                                
                                                                      )                                                
                                                                      )                                                
                            DOUGLAS W. ROBINSON                       )                                                
                            Administrative Patent Judge               )                                                

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