Appeal No. 2005-0027
Application No. 09/777,874
Claims 28-30
Claims 28-30 stand rejected under 35 U.S.C. §103(a), as obvious over Wiegand
in view of Moffett or Hastings by itself or in view of Wiegand or Burtle individually or in
combination, both as set forth above, further in view of Cavazza.
Claim 28 is directed to a method for reducing serum triglyceride levels
comprising administering to a subject in need thereof, an effective amount of the
composition of claim 11. Claim 29 is directed to a method for treating
hypertriglyceridaemia comprising administering to a subject in need thereof, an effective
amount of the composition of claim 11. Hastings states that “L-carnitine also reduces
fatigue, is used in the treatment of atherosclerotic heart diseases, advantageously
increases HDL cholesterol while lowering LDL cholesterol, and decreases ketone levels
in the blood.” Col. 3, lines 60-65. As indicated above, Wiegand states that
“derivatives of carnitine may be employed with the same effects.” Col. 2, lines 29-30.
Examples of derivatives described in Wiegand include acyl- and acetylcarnitine. Col. 2,
lines 40-45.
Cavazza provides that “it has been found that a decrease in triglycerides and free
fatty acids occurs upon the administration of acetylcarnitine.” Column 2, lines 21-33.
Cavazza proposes use of acetylcarnitine to effect “a reduction in total serum lipids and
triglycerides.” Column 2, lines 62-68. Thus, it would reasonably appear that the
combination of Hastings and Wiegand inherently reduces triglyceride levels, as
supported by Cavazza.
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