Appeal No. 2006-1993 Page 2
Application No. 10/147,651
determining the effect of the compound on cardiac fibrosis,
myocardial infarction, defects in electrical conductance,
atherosclerosis, unstable plaque, stroke, diseases associated with
abnormal cardiac structure or function or elevated cholesterol or
lipoprotein levels in the mouse relative to control mice not treated
with compound.
13. A method for treating or preventing a disorder or disease
other than atherosclerosis characterized by abnormal lipoprotein
and cholesterol metabolism, wherein the disease is mediated by
SR-BI comprising administering to an individual in need thereof a
compound selected from the group consisting of 4,4’-
(isopropylidenedithio) bis(2,6-di-tert-butylphenol), monoesters and
other derivatives thereof, 2,3-Dihydro-5-hydroxy-2,2-dipentyl-4,6-di-
tert-butyl-benzofuran or a derivative thereof, vitamin E and vitamin
C, wherein the compound is administered in an amount effective to
decrease lipoprotein levels or normalize lipoprotein structure or
reduce abnormal cholesterol metabolism.
Claims 1-8 and 10-12 stand rejected under 35 U.S.C. § 112, first
paragraph, on the grounds that the specification fails to enable the full scope of
the claimed invention. In addition, claims 13, 15 and 16 stand rejected under 35
U.S.C. § 102(b) as being anticipated by Baldassarre,1 and claims 13-162 stand
rejected under 35 U.S.C. § 102(b) as being anticipated by Azen.3 Finally, claims
1-8 and 10-12 are subject to an obviousness-type double patenting rejection
1 Baldassarre et al. (Baldassarre), “Clinical Evaluation of Probucol in Hypercholesterolemia:
Individual Lipoprotein Responses and Inhibitory Effect on Carotid Atherosclerosis Progression,”
Journal of Cardiovascular Pharmacology, Vol. 30, pp. 784-89 (1997).
2 The statement of the rejection states that claims 14-16 stand rejected over Azen, see
Examiner’s Answer, page 6, but as all of those claims depend on claim 13, we assume that claim
13 also stands rejected. That also appears to be the understanding of appellants. See Appeal
Brief, page 15.
3 Azen et al. (Azen), “Effect of Supplementary Antioxidant Vitamin Intake on Carotid Arterial Wall
Intima-Media Thickness in a Controlled Clinical Trial of Cholesterol Lowering,” Circulation, Vol.
94, pp. 2369-72 (1996).
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