Appeal No. 2006-3200 Page 4
Application No. 10/196,428
inhibitor.5 In addition, the Examiner finds that Chao teaches that the composition
comprises “well-known excipients such as binders, lubricants, and disintegrating
agents. . . .”6 Id.
The Examiner relies on Bokoch and Partridge (id.) to teach the use of
HMG-CoA reductase inhibitors, e.g., lovastatin, to treat inflammatory disorders7
and arthritis8 respectively. Id. Since Bokoch and Partridge appear to be
cumulative to Chao we do not discuss them further.
The Examiner recognizes that Chao does not teach a method of
suppressing PTX3 gene expression. Answer, page 6. However, the Examiner
points out that Luchetti teaches that PTX3 gene expression is elevated in
rheumatoid arthritis patients. Id.
Based on this evidence the Examiner finds (id.), that HMG-CoA reductase
inhibitors, such as pravastatin, are well-known to be useful in treating rheumatoid
arthritis. Therefore, the Examiner argues (id.) that it would have been prima facie
obvious to a person of ordinary skill in the art at the time the invention was made
to administer a composition comprising a HMG-CoA reductase inhibitor to a
subject suffering from rheumatoid arthritis. As we understand the Examiner’s
5 According to Appellants’ specification (bridging sentence, pages 9-10), “it is generally preferred
to orally or parenterally administer the active ingredient at a daily dosage of from 0.01 to 1,000
mg, specifically from 0.1 to 100 mg in terms of the compound represented by formula (1) at once
or in several portions.”
6 According to Appellants’ specification (page 9), the HMG-CoA reductase inhibitor can be
formulated with one or more additives such as binders, extenders and disintegrants.
7 While Bokoch teaches the use of HMG-CoA reductase inhibitors to treat inflammatory disorders,
the references does not mention rheumatoid arthritis. Bokoch also does not address PTX3 gene
expression. See e.g., Brief, page 6.
8 Including rheumatoid arthritis (Partridge, column 6, line 17-21). The Examiner recognizes,
however, that Partridge does not address PTX3 gene expression. Answer, page 6.
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