Ex parte LINDOR - Page 2




                   Appeal No. 1998-2267                                                                                                                             
                   Application 08/339,084                                                                                                                           



                   of ursodeoxycholic acid, a pharmaceutically acceptable salt thereof or a pharmaceutically                                                        
                   acceptable ester thereof.                                                                                                                        
                            The prior art references relied upon by the examiner are:                                                                               
                                  1                                                                                                                                 
                   Shironaga                             JP   61-158995 KOKAI                                      July 18, 1986                                    
                   Podda et al. (Podda), “Effect of Different Doses of Ursodeoxycholic Acid in Chronic Liver                                                        
                   Disease”, Digestive Diseases and Sciences, Vol. 34., No. 12, pp. 59S-69S (1989)                                                                  
                            Reference relied on by appellant:                                                                                                       
                   (Kaplowitz), Biliary Diseases, pp. 327-337, 383, 445-446 and index, (Neil Kaplowitz ed.,                                                         
                   Wilkins and Wilkins 1992)                                                                                                                        
                   Ground of Rejection                                                                                                                              
                            Claims 1-8 stand rejected under 35 U.S.C. § 103 over Podda in view of Shironaga.                                                        


                                                                        DISCUSSION                                                                                  
                            In reaching our decision in this appeal, we have given consideration to the                                                             
                   appellant's specification and claims, to the applied prior art references, and to the                                                            
                   respective positions articulated by the appellant and the examiner.                                                                              
                            Rather than reiterate the conflicting viewpoints advanced by the examiner and the                                                       
                   appellant regarding the noted rejection, we make reference to the examiner's Answer for                                                          

                            1The examiner relied on an abstract of the Japanese patent application from                                                             
                   HCAPLUS (Abstract 224).   Appellant provided an English translation of the entire                                                                
                   Japanese patent application with the Brief (Appendix IV), which we rely on for purposes of                                                       
                   this appeal.                                                                                                                                     
                                                                                 2                                                                                  





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