Appeal No. 2006-3200 Page 3
Application No. 10/196,428
DISCUSSION
Claim 1 stands rejected under 35 U.S.C. § 103(a) as being unpatentable
over the combination of Chao, Bokoch, Partridge, and Luchetti.
As we understand it, Appellants’ claimed invention is drawn to a method
for suppressing PTX3 gene expression in a subject suffering from rheumatoid
arthritis, which comprises the single step of administering a composition to the
subject.2 The claims require that the composition comprises two ingredients:
(a) one or more pharmaceutically acceptable additives, and (b) an effective
amount of an active ingredient, which is a compound of formula (1)3 - a HMG-
CoA reductase inhibitor4. The claims also require that the compound of formula
(1) is not atorvastatin.
According to the Examiner (Answer, page 5), Chao teaches a method of
treating rheumatoid arthritis by administering a composition comprising a
3-hydroxy-3-methylglutaryl coenxyme A (HMG-CoA) reductase inhibitor,
e.g., pravastatin. The Examiner finds (id.), Chao teaches that the composition
can be administered orally and comprises 0.1-100 mg of HMG-CoA reductase
2 According to Appellants’ specification (page 1), “[t]his invention relates to a pentraxin 3 (PTX3)
gene expression suppressing method useful for the treatment of autoimmune diseases,
especially rheumatoid arthritis.”
3 Examples of the active ingredient having the structure of formula (1) may be lovastatin,
pravastatin, simvastatin, fluvastatin, cerivastatin, rosuvastatin, mevastatin, pitavastatin, or a salt
thereof. See e.g., Appellants’ specification, pages 7-8, and claim 3.
4 According to Appellants’ specification (page 4), “[c]ompounds represented by the formula (1),
their lactone derivatives and salts of these compounds and lactone derivatives, all of which are
usable in the present invention, are known as HMG-CoA reductase suppressors. . . .”
Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: September 9, 2013