Appeal No. 2007-0054 Application No. 08/846,722 diseases treatable by the . . . method include but are not limited to bronchial asthma, acute bronchitis, . . . and the like.” (Col. 7, l. 65, to col. 8, l. 10.) Amschler describes compounds having anti-inflammatory activity that can be used for the treatment of bronchial disorders, such as bronchitis and bronchial asthma. (Col. 8, ll. 41-57.) Amschler states that the compounds can also be used to prevent and treat allergic or chronic reactions, such as rhinitis and sinusitis. (Col. 9, ll. 61-67.) We agree with the Examiner that one of ordinary skill in the art would have been motivated by the teachings of Katz and Amschler to treat disease states caused by inflammation of nasal and sinus cells, such as rhinitis and sinusitis, by contacting the nasal and sinus cells with pyruvate or a pyruvate precursor. Appellants argue that Katz “does not teach the treating of inflammatory disorders in the nose. It is not proper within the framework of Section 103 to pick and choose from any one reference only so much of it as will support a given position to the exclusion of other parts necessary for the full appreciation of what such reference fairly suggests to one of ordinary skill in the art.” (Br. 7.) In addition, Appellants argue that there is “no suggestion or motivation in the references of Katz or Amschler et al. or in the knowledge generally available to one of ordinary skill in the art, to modify the references or to [] combine [the] reference teachings in the manner proposed by the Examiner. Moreover, there is no reasonable expectation of success [in] combining Katz and Amschler et al. in the manner proposed by the Examiner.” (Br. 9.) 6Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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