Appeal 2007-0181
Application 10/057,323
Appellants argue that “neither Rosenblum nor Katzung suggests or
disclose combinations of a sterol absorption inhibitor and antioxidant or
vitamin.” (Br. 14).
Claim 100 is drawn a composition comprising at least one antioxidant
or vitamin, such as niacin, and a substituted azetidinone or substituted β-
lactam compound or isomers thereof, such as ezetimibe. As noted above,
both compounds are known to lower serum cholesterol, and for the reasons
already set forth with respect to the rejection of claims 1-4, 11-13, 37-40, 42,
43, 47, 48, 83, 84, and 86, the art recognized property of each of the
described agents as a cholesterol lowering agent would have provided one of
ordinary skill in the art with ample suggestion of their combination in the
composition as claimed.
CONCLUSION
In summary, we affirm the rejections of claims 1-4, 11-13, 37-40, 42,
43, 47, 48, 83, 84, and 86 under 35 U.S.C. § 103(a) as being rendered
obvious by the combination of Rosenblum and Medical Letter; claims 21,
28, and 34 under 35 U.S.C. § 103(a) as being obvious over the previous
combination as further combined with Katzung; and claims 100 and 101
under 35 U.S.C. § 103(a) as being obvious over the combination of
Rosenblum and Katzung. Because the Examiner failed to make the findings
necessary to support a prima facie case of obviousness as to the rejection of
claim 32 under 35 U.S.C. § 103(a) as being obvious over the combination of
Rosenblum and Medical Letter as further combined with Katzung, we are
compelled to reverse the rejection as to that claim.
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