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for publication and is not binding precedent of the Board.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
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BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
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Ex parte HARRY R. DAVIS
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Appeal No. 2006-3204
Application No. 10/057,629
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ON BRIEF
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Before GRIMES, 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, 8-11, 13-24, 32-45 and 53-56.1 Claim 1 is
representative of the claims on appeal, and reads as follows:
1. A method of treating sitosterolemia, comprising administering to a
mammal in need of such treatment an effective amount of at least one
sterol absorption inhibitor, or pharmaceutically acceptable salt or solvate
of the least one sterol absorption inhibitor, or prodrug of the at least one
sterol absorption inhibitor or pharmaceutically acceptable salt or solvate of
the least one sterol absorption inhibitor, or mixture thereof.
1 Claims 2-7, 12, 25-31, 46, 57 and 58 are also pending, but stand withdrawn from consideration
as being drawn to a non-elected invention. See Appeal Brief, page 1. In addition, appellant
elected the species of ezetimibe as the sterol adsorption inhibitor, cholestyramine as the lipid
lowering agent, and simvastatin as the third therapeutic agent. See id. at 4-5
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