Appeal No. 2002-2228 Page 2
Application No. 09/555,906
Park et al. (Park) 5,541,183 Jul. 30, 1996
Hsia et al. (Hsia) 5,976,548 Nov. 2, 1999
Rossi et al (Rossi), “Pharmacological Aspects of Drug Abuse,” in Remington’s
Pharmaceutical Science, Osol et al, eds., Philadelphia Collage of Pharmacy and
Science, pp. 1287, 1290-1293, 1295, 1296 (1980)
Kleijnen et al. (Kleijnen), “Ginkgo biloba,” The Lancet, Vol. 340, pp. 1136-1139 (1992)
Claims 2-8 and 10-13 stand rejected under 35 U.S.C. § 103 as unpatentable over
Hsia, Kleijnen, Rossi and Park.
We find no error in the examiner’s determination that the combined disclosures of
Hsia, Kleijnen, Rossi and Park are sufficient to establish a prima facie case of
obviousness within the meaning of 35 U.S.C. § 103 as to the subject matter of the
claims on appeal.
DISCUSSION
Initially we note appellants’ statement on page 4 of the Brief that the claims stand
or fall together. Therefore, we shall limit our consideration of the issues raised by this
appeal as they pertain to independent claim 11. 37 CFR § 1.192(c)(7) (1999).
Claim 11 is directed to administering a Ginkgo biloba extract to a human to
alleviate symptoms of withdrawal from substance dependency or addiction. We
understand the claim to require administration of a Ginkgo biloba extract to alleviate at
least two symptoms of withdrawal from “a substance engendering dependency and/or
addiction,” which according to the specification, includes “in particular, alcohol,
amphetamines, tobacco [and] drugs inducing drug addiction” (page 1).
Kleijnen teaches that standardized extracts of Ginkgo biloba are commonly
prescribed to alleviate a host of symptoms including depressive mood, absent
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