Appeal No. 2003-1149 Page 2
Application No. 09/853,540
BACKGROUND
The appellant's invention relates to a method of treating the symptoms of
scleroderma. Claim 1 has been reproduced in an appendix to the appellant’s Brief.
The prior art references of record relied upon by the examiner in rejecting the
appealed claims are:
Ross 5,718,721 Feb. 17, 1998
Azar 5,759,200 Jun. 2, 1998
Zhou et al. (Zhou) 5,849,026 Dec. 15, 1998
Claim 1 stands rejected under 35 U.S.C. § 103(a) as being unpatentable over
Azar or Zhou in view of Ross.
Rather than reiterate the conflicting viewpoints advanced by the examiner and
the appellant regarding the above-noted rejection, we make reference to the Answer
(Paper No. 11) for the examiner's complete reasoning in support of the rejection, and to
the Brief (Paper No. 10) and Reply Brief (Paper No. 12) for the appellant's arguments
thereagainst.
OPINION
In reaching our decision in this appeal, we have given careful consideration to
the appellant's specification and claim, to the applied prior art references, and to the
respective positions articulated by the appellant and the examiner. As a consequence
of our review, we make the determinations which follow.
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