Appeal No. 2003-1745 6
Application No. 09/859,614
person having ordinary skill in the art to have preferably utilized ACE inhibitors in the
treatment of both elements of cognitive dysfunction and dementia separately required by
the claimed subject matter. Accordingly, the use of a specific ACE inhibitor, such as
omapatrilat, for the treatment or slowing the progression of dementia, would have been
obvious to the person having ordinary skill in the art.
Based upon the above findings and analysis we sustain each of the rejections of
claims 13 through 16.
DECISION
The rejection of claims 13 through 16 under 35 U.S.C. §103(a) as being
unpatentable over Robl in view of Lis and Wyss is affirmed.
The decision of the examiner is affirmed.
No time period for taking any subsequent action in connection with this appeal may
be extended under 37 CFR § 1.136(a).
AFFIRMED
WILLIAM F. SMITH )
Administrative Patent Judge )
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) BOARD OF PATENT
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