Appeal No. 2006-0819 Page 3
Application No. 09/929,862
carboxylic acid ethyl ester [a CETP inhibitor compound] is disclosed
in PCT/IB99/01532 application published as WO 00/17164 on
March 30, 2000 as a CETP inhibitor for the elevation of certain
plasma lipid levels and to lower certain other plasma lipid levels and
accordingly to prevent the occurrence of and treat diseases such as
lipid abnormalities, atherosclerosis and cardiovascular diseases.
That published application also discloses the combination of a
genus of 4-carboxyamino-2-substituted-1,2,3,4-
tetrahydroquinolines with a preferred group of 3-hydroxy-3-
methylglutaryl-coenzyme A (HMG-CoA) reductase inhibitors being
lovastatin, simvastatin, pravastatin, fluvastatin, atorvastatin or
rivastatin.
Id. at 1.
DISCUSSION
As appellant does not argue the patentability of the claims separately, they
stand or fall together, and we focus our analysis on claim 1.
Claims 1, 4, 5 and 8-14 stand rejected under 35 U.S.C. § 103(a) as being
obvious over the combination of Deninno and Roth
Deninno is cited for teaching compositions for treating conditions such as
atherosclerosis through the administration of a composition that may comprise
[2R, 4S]-4-[(3,5-bis-trifluoromethyl-benzyl)-methoxycarbonyl-amino]-2-ethyl-6-
trifluoromethyl-3,4-dihydro-2H-quinoline-1-carboxylic acid ethyl ester and a HMG-
CoA reductase inhibitor, which may be atorvastatin. See Examiner’s Answer,
pages 2-3. According to the examiner, “[t]he difference between the above and
the claimed subject matter lies in that Deninno [ ] only highlights atorvastatin and
fails to teach the presently claimed salts and/or hydroxy acid forms thereof.” Id.
at 3.
The examiner, however, concludes:
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