Ex Parte Shear - Page 7


                     Appeal No. 2006-0819                                                                        Page 7                         
                     Application No. 09/929,862                                                                                                 

                             We therefore do not find Geiger to be on point, because as noted by                                                
                     appellant, that case dealt with the obviousness of the combination of three                                                
                     individually known components each known to be used for the same purpose.  In                                              
                     this case, however, one of the references, Deninno, clearly provides a                                                     
                     suggestion to arrive at the claimed combination by teaching a pharmaceutical                                               
                     composition comprising a CETP inhibitor and a HMG-CoA reductase inhibitor.                                                 
                                                              CONCLUSION                                                                        
                             Because the examiner has set forth a prima facie case of obviousness,                                              
                     the rejection of claims 1, 4, 5 and 8-14 under 35 U.S.C. § 103(a) as being                                                 
                     obvious over the combination of Deninno and Roth, is affirmed.                                                             




























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