Appeal 2007-0185
Application 10/305,281
Appellants contend that the claim language "consisting essentially of" in
claim 1 excludes other active agents such as chromium (III). (Br.1 5.) Appellants
argue that should a chromium (III) compound be added to Appellants' inventive
formulation, it would cause an increase in HDL cholesterol, and result in a material
change the inventive concept of the claimed invention. (Br. 14.)
We are not persuaded by Appellants' arguments. Upon review of the
Specification, it becomes clear that the object of Appellants' claimed invention is to
provide a method for reducing LDL cholesterol levels by administering specific
dosages of pravastatin (e.g., Specification 2: 1-10). Thus, the basic and novel
characteristics of Appellants' invention is the administration of specific dosages of
pravastatin to reduce LDL cholesterol.
Appellants do not define the term "consisting essentially of" in the
Specification in any particular manner. Furthermore, Appellants' Specification
indicates at page 2, that in order to achieve the objects of their invention, the
composition may also include additional active agents. (Specification 2: 15-22.)
We do not find that Appellants' claims exclude additional active agents such as
chromium III which is added in Sherwood to increase HDL cholesterol levels.
Sherwood does not indicate that chromium III has an effect on LDL cholesterol
levels. Thus, the addition of chromium III does not readily appear to affect the
basic and novel characteristics of Appellants' invention, LDL cholesterol lowering
with pravastatin.
Appellants further contend that once daily dosage of 80 and 160 mg of
pravastatin without other components, surprisingly and unexpectedly reduced
levels of LDL cholesterol to a substantially and significantly greater degree than
1 Throughout this decision, reference to the Brief, refers to Appellants' Substitute
Brief, filed Oct. 8, 2005.
- 3 -
Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: September 9, 2013