Appeal No. 2001-1411 Page 2
Application No. 08/966,876
a ligand for a member of the steroid/thyroid superfamily of receptors,
effective to ameliorate the symptoms of said neoplastic disease
wherein said inhibitor is not sodium butyrate.
The references relied upon by the examiner are:
Evans et al. (Evans) 2 6,387,673 May 14, 2002
Morioka et al. (Morioka) JP 60149520 A August 7, 1985
Chen et al. (Chen), “Retinoic Acid is Required for and Potentiates Differentiation
of Acute Promyelocytic Leukemia Cells by Nonretinoid Agents,” Blood, Vol. 84,
No. 7, pp. 2122-2129 (1994)
Taunton et al. (Taunton), “A Mammalian Histone Deacetylase Related to the
Yeast Transcriptional Regulator Rpd3p,” Science, Vol. 272, pp. 408-411 (1996)
GROUNDS OF REJECTION
Claims 1, 3-15, 17 and 18 stand rejected under 35 U.S.C. § 103 as
obvious over Chen in view of Taunton and Morioka.
Claims 1 and 5 stand rejected under the judicially created doctrine of
obviousness-type double patenting as being unpatentable over claims 1-6 of
Evans.
We reverse the rejection under 35 U.S.C. § 103 and affirm the rejection
under the judicially created doctrine of obviousness-type double patenting.
2 The Answer refers to Application No. 08/846,881, instead of the Patent No. of the Evans patent.
We note, however, that Evans was not issued at the time the Answer was written. Given the
issuance of the Evans patent the obviousness-type double patenting rejection which relies on
Evans is no longer provisional.
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