Appeal No. 2006-1993 Page 9 Application No. 10/147,651 LDL cholesterol and intima thickening are “other than atherosclerosis.[”, sic] Thus, Azen clearly anticipates the claimed invention. Examiner’s Answer, page 6. Appellants argue that the patients who were treated by Azen all had atherosclerosis, and that was in fact a criteria of the study. Appeal Brief, page 16. We agree, and the rejection is reversed. OTHER ISSUES We point the examiner’s attention to the following art, which may have a bearing on the patentability of claims 13-16. BellaOnlineSM4 discusses the use of vitamin supplements in the treatment of fertility, a disease other than atherosclerosis, mentioned in the specification and discussed by counsel at the oral hearing as a disease other than atherosclerosis, that could be treated by the method of claims 13-16. Although copyrighted in 2006, the webpage references an article by Bayer,5 published in 1960, that states that in a preliminary human trial, infertile couples given vitamin E showed a significant increase in fertility. Miettinen6 discusses the use of probucol in prevention of cardiovascular diseases, and states that the incidence of stroke, a disease other than atherosclerosis discussed in the specification and the claims as originally filed, is decreased in the group that received probucol. 4 BellaOnline, http://www.bellaonline.com/articles/art32665.asp, printed out September 5, 2006. 5 Bayer, R., “Treatment of infertility with vitamin E,” Int. J. Fertil., Vol. 5, pp. 70-8 (1960).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 NextLast modified: November 3, 2007