Appeal No. 2006-2368 Page 2
Application No. 10/247,032
32. A method for reducing vascular c-reactive protein levels in a mammal
comprising:
administering a therapeutically effective amount of (1) at least one sterol
absorption inhibitor or 5α-stanol absorption inhibitor and (2) at least one
cholesterol biosynthesis inhibitor to a mammal having a blood level of c-reactive
protein of greater than about 0.4 mg/dL.
The claims are subject to a restriction requirement, and appellants have
elected the method as practiced with ezetimbre as the specific sterol adsorption
inhibitor, and simvastatin as the cholesterol biosynthesis inhibitor. See Appeal
Brief, pages 2-3.
The examiner relies upon the following references:
Rosenblum et al. (Rosenblum) 5,846,966 Dec. 08, 1998
Yeun et al. (Yeun) “C-reactive protein, oxidative stress, homocysteine, and
troponin as inflammatory metabolic predictors of atherosclerosis in ESRD,”
Current Opinion in Nephrology and Hypertension, Vol. 9, No. 6, pp.621-30
(2000).
Erren et al. (Erren) “Systemic inflammatory parameters in patients with
atherosclerosis of the coronary and peripheral arteries,” Arterioscler Thromb
Vasc Biol. Vol. 19, No. 10, pp. 2355-63 (1999).
Gruberg, “Inflammatory markers in acute coronary syndromes: C-reactive protein
(CRP) and Chlamydia,” American Heart Association Scientific Sessions (2000).
Claims 1-3, 10, 12, 13, 17, 19, 20 and 30-35 stand rejected under
35 U.S.C. § 102(b) as being anticipated by Rosenblum as evidenced by Erren.
In addition, the claims stand rejected under 35 U.S.C. §103(a) as being obvious
over the combination of Rosenblum and Erren or Yuen, or as being obvious over
the combination of Rosenblum, Erren or Yuen, and Gruberg. After careful review
of the record and consideration of the issues before us, we affirm the rejection of
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