Appeal No. 2006-1304 Page 2
Application No. 10/214,058
reductase from catalyzing this conversion. As such, statins are collectively potent lipid
lowering agents.” Specification, page 1. The hemicalcium salt of one such statin, or
“[a]torvastatin calcium, disclosed in U.S. Patent 5,273,995 . . . is currently sold as
Lipitor®.” Id.
“Amlodipine and amlodipine besylate are potent and long lasting calcium channel
blockers. As such, amlodipine [and] amlodipine besylate . . . have utility as
antihypertensive agents and as antiischemic agents. Amlodipine and its
pharmaceutically acceptable acid addition salts are also disclosed in U.S. Patent No.
5,155,120 as having utility in the treatment of congestive heart failure. Amlodipine
besylate is currently sold as Norvasc®.” Id., page 2.
“Jukema et al., Circulation, 1995 (Suppl. 1), 1-197, disclose that there is
evidence that calcium channel blockers act synergistically in combination with lipid
lowering agents (e.g., HMG-CoA reductase inhibitors), specifically pravastatin. Orekhov
et al., Cardiovascular Drugs and Therapy, 1997, 11, 350 disclose the use of amlodipine
in combination with lovastatin for the treatment of atherosclerosis.” Id., page 5.
Discussion
1. Claim construction
Claims 1-3 and 118-147 are pending and on appeal. The claims subject to each
rejection will stand or fall together because Appellant has not argued any of the claims
separately. See 37 CFR § 41.37(c)(1)(vii). Claim 1 is representative and reads as
follows:
1. A single pharmaceutical composition comprising:
a. an amount of amlodipine or a pharmaceutically acceptable acid addition
salt thereof;
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