Appeal No. 1997-1830
Application No. 08/389,860
The examiner relies on the following reference:
Rosini et al. (Rosini) 4,621,077 Nov. 04, 1986.
This merits panel also relies on the following references of record:
Rodan et al. (Rodan) “Bisphosphonates in the Treatment of Metabolic
Bone Diseases,” Annals of Medicine, Vol. 25, pp. 373-378 (1993).
Strein 5,366,965 Nov. 22, 1994.
Claims 1-24 stand rejected under 35 U.S.C. § 103 over Rosini.
We reverse the rejection and enter new grounds of rejection under
37 CFR § 1.196(b).
Background
As explained in Appellants’ specification, osteoporosis is a metabolic bone
disease characterized by decreased bone mass and strength. Patients with
osteoporosis suffer fractures of the vertebrae, hip, and wrist. One therapy used
currently to prevent and treat osteoporosis is administration of etidronate (a
bisphosphonate). The claimed invention is directed to a method of treating
osteoporosis-related symptoms by administration of another bisphosphonate,
alendronate (4-amino-1-hydroxy-butylidene-1,1-bisphosphonate).
Discussion
The examiner rejected the claimed invention under 35 U.S.C. § 103 as
obvious over Rosini. Rosini discloses that bisphosphonates are suitable for
pharmaceutical use as inhibitors of bone reabsorption. Col. 2, lines 16-18.
Rosini also discloses that alendronate (which Rosini refers to as AHBuBP) is
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