Appeal No. 1997-2756
Application 08/242,728
6. A method of treating asthma and related systems in an individual suffering
from asthma comprising administering to said individual an effective amount of an
antithrombin agent.
The references relied upon by the examiner are:
Murray et al. (Murray), “Receptor-Activated Ca Influx in Human Airway Smooth Muscle:
Use of Ca Imaging and Perforated Patch-Clamp Techniques,” The American Physiological
Society, Vol. 264 (Cell Physiol. 33), pp. C485-C490 (1993).
Roth et al., “Inhibition of Receptor-Mediated Platelet Activation by Nedocromil Sodium,” J.
Allergy Clin. Immunol. Vol. 91, No. 6, pp. 1217-1225 (1993).
Grounds of Rejection
1
Claims 3 and 6 stand rejected under 35 U.S.C. § 102(b) . As evidence of anticipation,
the examiner relies upon Murray.
Claims 3 and 6 stand rejected under 35 U.S.C. § 103. As evidence of obviousness, the
examiner relies upon Roth.
We affirm the rejection of claim 6 under 35 U.S.C. § 103 as obvious over Roth and
reverse the rejections of claims 3 and 6 under 35 U.S.C. § 102(b) and claim 3 under 35 U.S.C.
§ 103.
Background
The applicants' invention is described at pages 2-3 of the specification as being
directed to a method of inhibiting cytosolic calcium release in human airway smooth
1 In the Final Rejection of December 27, 1995 (Paper No. 7) the examiner rejected
claims 1-3 and 6 under 35 U.S.C. § 102(b) or, in the alternative, under 35 U.S.C. § 103 as
obvious over Murray. The Examiner's Answer of November 6, 1996 (Paper No. 15) does
not indicate that claims 3 and 6 are rejected under 35 U.S.C. § 103 as obvious over
Murray. Thus, we have limited our consideration of this rejection to the question of whether
claims 3 and 6 are properly rejected under 35 U.S.C. § 102(b) as anticipated by Murray.
2
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