Appeal 2007-0181
Application 10/057,323
43, 47, 48, 83, 84, 86, 100, and 101.1 We have jurisdiction under 35 U.S.C.
§ 6(b).
Claim 1, reproduced in the Appendix to the Appeal Brief, is
representative of the claims on appeal and is drawn to a composition
comprising a peroxisome proliferators-activated receptor (PPAR) activator
and at least one sterol adsorption inhibitor. Appellants elected fenofibrate as
the PPAR activator, and ezetimibe as the sterol absorption inhibitor (Br. 5).
The Examiner relies upon the following references:
Rosenblum US 5,846,966 Dec. 8, 1998.
The Medical Letter on Drugs and Therapeutics, 40 The Medical Letter, Inc.
1030:68-69 (1998).
Bertram G. Katzung, Basic and Clinical Pharmacology, 6th ed., 1995 at 529.
Claims 1-4, 11-13, 37-40, 42, 43, 47, 48, 83, 84, and 86 stand rejected
under 35 U.S.C. § 103(a) as being rendered obvious by the combination of
Rosenblum and Medical Letter. Claims 21, 28, 32, and 34 stand rejected
under 35 U.S.C. § 103(a) as being obvious over the previous combination as
further combined with Katzung. Finally, claims 100 and 101 stand rejected
under 35 U.S.C. § 103(a) as being obvious over the combination of
Rosenblum and Katzung.
We affirm-in-part.
1 Claims 1-4, 11-13, 21, 28, 32, 34, 37-40, 42, 43, 47, 48, 83, 84, 86, 100,
and 101 are pending, and claims 5-10, 14-20, 22-31, 33, 35, 36, 41, 44-46,
49-82, 85, and 87-99 stand withdrawn from consideration as being drawn to
a non-elected invention (Br. 1).
2
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