Appeal No. 2006-3234
Application No. 90/006,410
The patent under reexamination is US patent 5,955,106, issued on 21
September 1999 from application 08/793,753, filed 14 March 1997. (‘106).2
In her rejections of claims 1-138, all the pending claims, the examiner
relies upon the following references:
(1) Red List, Pharmaceutical Directory of the BPI (German Federal
Association of the Pharmaceutical Industry) (1993). (Red List)
(2) Abdallah, et al., STP Pharma, 41(1), 1998, 15-20. (Abdallah).
(3) Evenstad, US 5,126,145, issued on 30 June 1992 from
application 07/536,184, filed 11 June 1990. (Evenstad).
(4) Otaya, et al., Ann. Repts. Shionogi Rserach Labs. (1) (1954),
462-64. (Otaya).
(Examiner’s Answer (“Answer”) at 3-4).
The examiner also relies upon a declaration from Bernd Schneider,
said to be an employee of Medice Arzneimittel Pütter GmbH & Co. KG.
(Schneider declaration).
Claims 1-4, 8-11, 20-23, 30-38, 40, 41, 45, 68, 69, 72, 73, 82-101,
104, and 105 are rejected under 35 USC §102(b) as being anticipated by the
Red List. (Answer at 4).
Claims 1-33, 37-59, 62-94, 96, 97, 100-122, and 127-138 are rejected
under 35 USC § 103(a) as being obvious over Abdallah in view of Evenstad.
(Answer at 5), while claims 34-36, 60, 61, 95, 98, 99 and 123-126 are
rejected under 35 USC § 103(a) as being obvious over Abdallah and
2 The application is said to have been filed under 35 USC § 371 on 14
March 1997, based on PCT/EP/03610, filed 14 September 1995 (published
as WO96/08243 on 21 March 1996).
2
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