The opinion in support of the decision being entered today was not written
for publication and is not binding precedent of the Board.
UNITED STATES PATENT AND TRADEMARK OFFICE
__________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
__________
Ex parte CHARLES L. SHEAR
__________
Appeal No. 2006-0819
Application No. 09/929,862
__________
ON BRIEF
__________
Before SCHEINER, GRIMES, and GREEN, Administrative Patent Judges.
GREEN, Administrative Patent Judge.
DECISION ON APPEAL
This is a decision on appeal under 35 U.S.C. § 134 from the examiner’s
final rejection of claims 1, 4, 5 and 8-14. Claim 1 is drawn to a composition
comprising [2R, 4S]4-[(3,5-bis-trifluoromethyl-benzyl)-methoxycarbonyl-amino]-2-
ethyl-6-trifluoromethyl-3,4-dihydro-2H-quinoline-1-carboxylic acid ethyl ester (a
CETP inhibitor compound), certain hydroxy metabolites (or their salts) of
atorvastatin,1 and a pharmaceutically acceptable carrier, vehicle or diluent.
1 See Appeal Brief, page 3. Note that all references to the Appeal Brief are to the “brief on
Appeal,” filed August 10, 2005, and stamped August 12, 2005. The claimed hydroxy metabolites
or their salts of atorvastatin are derivatives of LipitorŪ, which is atorvastatin calcium.
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