Appeal No. 2004-0340 Page 2
Application No. 09/847,121
administered in the composition to inhibit aldose reductase and an effective
amount of an antioxidant.
The examiner relies on the following reference:
Riley 5,976,568 Nov. 02, 1999
Claims 1-6, 10, 12, 13, and 15 stand rejected under 35 U.S.C. § 103 as
obvious in view of Riley.
We reverse.
Background
Diabetes mellitus causes long-term tissue damage. “This damage may
take many forms but the major types are damage to the eyes (retinopathy),
nerves (neuropathy), kidneys (nephropathy) and cardiovascular system.”
Specification, page 1. “There are many approaches to reducing or preventing
these forms of damage. . . . [A] number of pharmaceutical companies have been
developing aldose reductase inhibitors for the purpose of reducing diabetic
neuropathy.” Id.
The specification discloses “compositions for the treatment of diabetic
neuropathy. The compositions comprise a mixture of a compound that promotes
synthesis of nerve growth factor, an aldose reductase inhibitor and an
antioxidant.” Page 3. “Exemplary compounds that promote synthesis of nerve
growth factor are vitamin D3 [and] vitamin D3 derivatives.” Page 4. These
compounds are “used in an amount effective to promote the synthesis of nerve
growth factor of about 6-14.3 IU per kg of body weight of the patient.” Id.
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