Appeal No. 2006-1993 Page 10
Application No. 10/147,651
CONCLUSION
Because the examiner has failed to set forth a prima facie case of
unpatentability, we reverse the rejections under 35 U.S.C. § 112, first paragraph,
and under 35 U.S.C. § 102(b). Because appellants do not contest the
obviousness-type double patenting rejection, that rejection is summarily affirmed.
Finally, we have raised other issues that the examiner may wish to address upon
return of the application.
AFFIRMED-IN-PART; REVERSED-IN-PART
Donald E. Adams )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
Demetra J. Mills )
Administrative Patent Judge ) APPEALS AND
)
) INTERFERENCES
)
Lora M. Green )
Administrative Patent Judge )
6 Miettinen et al. (Miettinen), “Multifactorial primary prevention of cardiovascular diseases in
middle-aged men. Risk factor changes, incidence, and mortality,” Journal of the American
Medical Association, Vol, 254, No. 15, 1985 (abstract only).
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