Ex Parte EL-REFAEY - Page 2


                 Appeal No. 2002-0546                                                          Page 2                    
                 Application No. 08/809,379                                                                              

                     The examiner relies upon the following references:                                                  
                 Symonds, “The Third Stage of Labor,” Essential Obstetrics and Gynaecology,                              
                 pp. 108-109 (1987)                                                                                      
                 Facts and Comparisons, pp. 117h-118, and 118a (1990)                                                    
                 Sanchez-Ramos et al. (Sanchez-Ramos), “Labor Induction With the                                         
                 Prostaglandin E1 Methyl Analogue Misoprostol Versus Oxytocin:  A Randomized                             
                 Trial,” Obstet Gynecol, Vol. 81, pp. 332-336 (1993)                                                     
                 Campos et al. (Campos), “Misoprostol – An Analog of PGE1 – for the Induction                            
                 of Labor at Term:  Comparative and Randomized Study with Oxytocin,” Revista                             
                 Chilena de Obstetricia y Ginecologia, Vol. LIX, No. 3, pp. 190-196 (1994)                               
                 Sherwen et al., Maternity Nursing:  Care of the Childbearing Family, 3rd Ed.,                           
                 pp.676-679, 749-750, 760-761, and 871-872 (1999)                                                        
                                                                                                                        
                        The claims stand rejected under 35 U.S.C. § 103(a) as being obvious over                         
                 the combination of Campos, Sanchez-Ramos, Facts and Comparisons,                                        
                 Maternity Nursing, and Symonds.  After careful review of the record and                                 
                 consideration of the issue before us, we reverse.                                                       
                                                     DISCUSSION                                                          
                        Claims 15 and 16 have been rejected under 35 U.S.C. § 103(a) as being                            
                 obvious over the combination of Campos, Sanchez-Ramos, Facts and                                        
                 Vomparisons, Maternity Nursing, and Symonds.                                                            
                        Campos and Sanchez-Ramos are cited for teaching “that misoprostol is                             
                 known to be useful orally and intravaginally to cause uterine contractions and                          
                 induce labor (antepartum).”  Examiner’s Answer, page 4.  The rejection                                  
                 acknowledges that “[t]he claims differ in that they are drawn to methods of                             
                 limiting postpartum hemorrhage comprising administering misoprostol orally and                          







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