Ex Parte Davis - Page 1




                              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                                       for publication and is not binding precedent of the Board.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 HARRY R. DAVIS                                                            
                                                           __________                                                                
                                                     Appeal No. 2006-2368                                                            
                                                  Application No. 10/247,032                                                         
                                                           __________                                                                
                                                            ON BRIEF                                                                 
                                                           __________                                                                
                   Before ADAMS, GREEN, and LEBOVITZ, Administrative Patent Judges.                                                  
                   GREEN, Administrative Patent Judge.                                                                               

                                                    DECISION ON APPEAL                                                               
                           This is a decision on appeal under 35 U.S.C. § 134 from the examiner’s                                    
                   final rejection of claims 1-3, 10, 12, 13, 17, 19, 20 and 30-35.1  Claims 1 and 32                                
                   are representative of the claims on appeal, and read as follows:                                                  
                   1. A method for treating vascular inflammation in a subject comprising the                                        
                   step of administering (1) at least one sterol absorption inhibitor or at least one 5α-                            
                   stanol absorption inhibitor and (2) at least one cholesterol biosynthesis inhibitor                               
                   to a subject having a blood level of c-reactive protein of greater than about 0.4                                 
                   mg/dL.                                                                                                            



                                                                                                                                     
                   1 Claims 4-9, 14-16 and 21-29 are also pending, but stand withdrawn from consideration as                         
                   being drawn to a non-elected invention.  See Appeal Brief, page 1.                                                





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