Appeal No. 2007-0054
Application No. 08/846,722
inflammatory response, which would include disease states caused by
mammalian nasal and sinus cells involved in the inflammatory response.
In addition, Amschler teaches that some compounds can be used to
treat inflammatory disorders of either the lung or the nose and sinuses, such
as rhinitis and sinusitis. Amschler does not teach that pyruvate or pyruvate
precursors can be used for the treatment of inflammatory disorders of both
the lung and the nose and sinuses. However, in view of the broad teachings
of Katz, we conclude that one of ordinary skill in the art would have been
motivated to treat disease states caused by inflammation of the nasal and
sinus cells, such as rhinitis and sinusitis, by contacting the nasal and sinus
cells with pyruvate or a pyruvate precursor. In addition, we conclude that
the broad teachings of Katz combined with the teachings of Amschler
provide a reasonable expectation of success.
We conclude that the Examiner has set forth a prima facie case that
claim 1 would have been obvious over Katz in view of Amschler, which
Appellants have not rebutted. We therefore affirm the rejection of claim 1
under 35 U.S.C. § 103. Claims 2-6, 8-17, and 31 fall with claim 1.
3. CLAIM 18
Claim 18 stands rejected under 35 U.S.C. § 103 as obvious over Katz
in view of Amschler and Geria.3 Claim 18 ultimately depends from claim 1
and recites that the nasal and sinus cells are also contacted with a therapeutic
agent, oxymetazoline.
The Examiner relies on Katz and Amschler for the limitations of
claim 1. The Examiner argues that Katz describes administering additional
3 Geria, U.S. Patent No. 5,478,565, issued December 26, 1995.
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