Appeal No. 2000-0460
Application No. 08/444,584
103 in light of Bizollon, et al., Lai et al[.]4 and Cavaletto et al[.]5 and further in view of
Testa et al[.] and Kakumu et al[.]6 or Brillanti et al.7”
The ground of rejection, under 35 U.S.C. § 103, presented in the Final Office
Action8 (see page 3) and the first Advisory Action9 (see bridging paragraph, pages
2-3) are consistent with appellants’ statement of the issue on appeal. In addition,
the second Advisory Action10 (see page 2) expressly states “[t]he amendment fails
to overcome Bizzolon [sic] in view of Testa and other secondary references.” Thus,
while the second Advisory Action focuses solely on Bizollon and Testa, and refers
collectively to “other secondary references” instead of affirmatively listing Lai,
Cavaletto, Kakumu and Brillanti, the rejection maintained is consistent with
appellants’ statement of the issue on appeal. Therefore, the ground of rejection up
until the Answer was consistent with appellants’ statement of the issue on appeal.
In addition, throughout the Brief, appellants’ arguments are directed at the
merits of the examiner’s combination of Bizollon, Lai, Cavaletto, Testa, and
4 Lai et al. (Lai), “Treatment of Chronic Active Hepatitis C Infection With a
Combination of RoferonŽ-A and Ribavirin,” 9th Biennial Scientific Meeting Asian
Pacific Association for the Study of the Liver, abstract (1994).
5 Calvaletto et al. (Calvaletto), “Randomized Trial Comparing Interferon Alfa or
Ribavirin Alone or in Combination for the Treatment of Chronic Hepatitis C,” Italian
Association for the Study of the Liver, abstract (1993).
6 Kakumu et al. (Kakumu), “A Pilot Study of Ribavirin and Interferon Beta for the
Treatment of Chronic Hepatitis C,” Gastroenterology, Vol. 105, pp. 507-512 (1993).
7 Brillanti et al. (Brillanti), “A Pilot Study of Combination Therapy With Ribavirin Plus
Interferon Alfa for Interferon Alfa-Resistant Chronic Hepatitis C,” Gastroenterology,
Vol. 107, pp. 812-817 (1994)
8 Paper No. 23, mailed August 24, 1998.
9 Paper No. 25, mailed September 28, 1998.
10 Paper No. 27, mailed December 3, 1998.
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