Appeal No. 2006-1245 Page 18
Application No. 10/294,106
Patwardhan discloses the administration of a composition comprising an extract
of W. somnifera for the treatment of rheumatoid arthritis and osteoarthritis. Abstract.
As discussed supra, arthritis is an inflammatory condition in which COX-2 is active.
Patwardhan also teaches that the described therapeutic extract of W. somnifera
contains withanolides. Column 5, lines 13-25 (“Chemical constituents include . . .
steroidal glycosides (sitoindosides and withanolides). Withaferin A is the most
important of the withanolides. Sitoindosides and Withanolides are together mainly
responsible for the biological activity of Ashwagandha . . . .”).
Patwardhan therefore discloses the administration of a composition comprising
withanolides, including one of those purified by Appellants from leaves (Withaferin A;
see Specification, page 8, lines 15-16), to a patient to treat a condition whereby COX-2
is active.
With respect to the requirement that the withanolide be “isolated,” we note that,
for examination purposes, claims must be construed as broadly as reasonable, in a
manner consistent with the specification. Sneed, 710 F.2d at 1548, 218 USPQ at 388.
At its broadest, the term “isolated” requires only that the withanolide be isolated from
something. Through the extraction process, the withanolides within Patwardhan’s
extract have necessarily been isolated from a number of the ingredients originally
present in the plant. The withanolides within Partwardhan’s extract therefore meet the
limitation that they be “isolated.”
Lastly, the therapeutic effect of the disclosed extract demonstrates that
Patwardhan’s composition contained an isolated withanolide in an amount effective to
selectively inhibit COX-2. This is especially true in view of the disclosure in Appellants’
Page: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: November 3, 2007