Appeal No. 2005-1150
Application No. 09/953,450
The references relied upon by the examiner are:
Fallis et al. (Fallis), “Observations on some metabolic changes after total
pancreatoduodenectomy,” Annals of Surgery, pgs. 639-667, 1948.
Delhaye et al. (Delhaye), “Comparative evaluation of a high lipase pancreatic enzyme
preparation and a standard pancreatic supplement for treating exocrine pancreatic
insufficiency in chronic pancreatitis,” European Journal of Gastroenterology and
Hepatology, vol. 8, no. 7, pgs. 699-703, 1996.
Claims 1-7 stand rejected under 35 U.S.C. § 103(a) as being unpatentable over
Fallis in view of Delhaye.
We reverse, and set forth a new ground of rejection under 37 C.F.R. § 41.50(b)
with respect to claims 1 and 3-7. Absent further action by the examiner, claim 2 stands
free of the prior art.
Background
As indicated by the claims above, the present invention is directed to a method of
treating primary diabetes mellitus Type I. The specification discloses that Type I
diabetes is due to an insulin deficiency (pages 1 and 7); and Type II diabetes is due to
reduced insulin effectiveness (page 1). Thus, the specification defines Type I diabetes
as being insulin dependent; whereas Type II is non-insulin-dependent. Id. These
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