Appeal No. 2000-0894
Application No. 08/437,884
causes vasodilation and inhibition of platelet aggregation, thereby preventing
cardiovascular disorders. That is, the claimed method results in vasodilation and
inhibition of platelet aggregation, and these effects reduce the risk of, i.e.,
“prevent,” cardiovascular disorders.
The specification provides evidence that the claimed method results in
vasodilation and inhibition of platelet aggregation. See page 50. The examiner
has presented no evidence to the contrary. Therefore, the rejection for
nonenablement is not supported by a preponderance of the evidence. The
rejection is reversed.
Summary
We reverse the rejection under 35 U.S.C. § 103 because the references
cited by the examiner provide no motivation to combine the elements of the
claimed invention. We reverse the rejection for nonenablement because it is
based on an erroneous interpretation of the claim language.
REVERSED
SHERMAN D. WINTERS )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
DEMETRA J. MILLS )
Administrative Patent Judge ) APPEALS AND
)
) INTERFERENCES
)
ERIC GRIMES )
Administrative Patent Judge )
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