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for publication and is not binding precedent of the Board.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 JAN BUCH
__________
Appeal No. 2006-1304
Application No. 10/214,058
__________
HEARD April 6, 2006
__________
Before SCHEINER, ADAMS, and GRIMES, Administrative Patent Judges.
GRIMES, Administrative Patent Judge.
DECISION ON APPEAL
This appeal involves claims to a pharmaceutical composition comprising
atorvastatin and amlodipine. The examiner has rejected the claims for obviousness.
We have jurisdiction under 35 U.S.C. § 134. Because we conclude that the prior art
would have led those skilled in the art to combine atorvastatin and amlodipine in a
single composition, we affirm the rejections with respect to all claims except claim 144.
Background
“The conversion of 3-hydroxy-3-methylglutaryl-coenzyme A (HMG-CoA) to
mevalonate is an early and rate-limiting step in the cholesterol biosynthetic pathway.
This step is catalyzed by the enzyme HMG-CoA reductase. Statins inhibit HMG-CoA
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