Appeal No. 2003-1416 Page 2
Application No. 09/819,549
INTRODUCTION
All the claims are rejected as unpatentable. As evidence of unpatentability, the Examiner
relies upon the following prior art references:
Ray W. Gifford, Jr., Management of Isolated Systolic Hypertension in the Elderly, 34 J. of the
Am. Geriatrics Soc’y 106 (1986) (EMBASE 969).
A New Class of Potent Antihypertensive Agents: Especially Systolic Pressure is Significantly
Reduced, MMW Fortschritte Der Medizin, vol. 141, no. 47 at 8 (Nov. 25, 1999) (MEDLINE
858).1
Vasopeptidase-Inhibitor: Omapatrilat in Systolic Hypertension, Deutsche Apotheker Zeitung,
vol. 140, no. 8, Feb. 24, 2000 at 36 (EMBASE 767).2
Claims 14-24 stand rejected under 35 U.S.C. § 103(a) as being unpatentable over
EMBASE 767 or MEDLINE 858 alone or in view of EMBASE 969.
Appellants indicate that claims 14-24 stand or fall together. We select claim 14, the only
independent claim, to represent the issues on appeal. Claim 14 reads as follows:
14. A method of treating isolated systolic hypertension in a human patient comprising
administering to said patient an effective amount of a vasopeptidase inhibitor.
Because we agree with the Examiner's conclusion of unpatentability in view of the prior
art, we affirm the Examiner's decision refusing to allow the claims. However, since our rationale
1We rely upon and cite to the English translation of record.
2We rely upon and cite to the English translation of record.
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