Appeal No. 2006-3204 Page 15
Application No. 10/057,629
Here, the evidence appears to show that ezetimibe became known to
those skilled in the art as of December 8, 1998 (the issue date of Rosenblum).
The instant application claims an effective filing date of January 6, 2001.
Therefore, it appears that there was a time period of only two years and one
month between the time ezetimibe became known in the art and the time
Appellant filed an application claiming its use to treat sitosterolemia.
Appellant’s position – that the evidence shows nonobviousness because
there was a long-felt need for alternative sitosterolemia treatments and no one
else thought to use ezetimibe before he did – is undercut by the short time period
between the time ezetimibe became known to those skilled in the art and the
time Appellant filed his application. In sum, Appellant’s evidence of long-felt
need is at best weak evidence of nonobviousness and does not overcome the
prima facie case.
)
) BOARD OF PATENT
)
Eric Grimes ) APPEALS AND
Administrative Patent Judge )
) INTERFERENCES
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