Appeal No. 2004-0903 Page 6
Application No. 09/008,957
considered preferred agents for the control and treatment of
malignant diseases such as prostate cancer as well as benign
prostatic hyperplasia.
Id. at col. 5, line 60-col 6, line 13.
The above generic statement as to the properties of the compounds of
Bishop, however, is insufficient to rebut appellants’ declarations and data as to
the unexpected properties of the claimed 1α-hydroxyvitamin D5 compound,
especially as the declaration compares the claimed 1α-hydroxyvitamin D5
compound to 1α-hydroxyvitamin D4, one of the preferred compounds of Bishop.
See Bishop, col. 6, line 40. Therefore, the preponderance of the evidence of
record does not support the conclusion that the claimed 1α-hydroxyvitamin D5
compound is obvious over the combination of Holick I and II, Bishop and
Gulbrandsen, and the rejection of claim 1 over that combination is reversed.
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