Appeal 2007-1033
Application 10/091,061
amount of: (1) at least one anti-proliferative agent and (2) a compound of
formula I” (Spec. 2-3). A preferred compound of Formula I is Compound 1:
(id. at 17). “Suitable anti-proliferative agents . . . include . . . capecitabine”
(id. at 8-9).
DISCUSSION
1. CLAIMS
Claims 117-130 are on appeal. Claims 101-111 and 113-116 are also
pending and rejected, but the rejections of these claims have not been
appealed. Thus, the Examiner is entitled to cancel claims 101-111 and 113-
116. See MPEP § 1215.03.
We will focus on claim 117, the broadest claim on appeal, which reads:
117. A method of treating cancer in a mammal selected from metastatic
breast cancer, lung cancer, pancreatic cancer, ovarian cancer, prostate
cancer, colon cancer, and/or small cell lung cancer, comprising
administering to the mammal a therapeutically-effective combination of (1)
a dosage unit of capecitabine and (2) a dosage unit of Compound (1), having
the formula,
2
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