Appeal 2007-1033
Application 10/091,061
result in a patent covering a method of using the combination of these two
known chemotherapeutics, with predictable results, i.e., “a greater anti-
cancer effect than would administering either capecitabine or Compound 1
alone.” (See, e.g., claim 117.) Issuing such a patent would take from the
public’s hands that which it previously possessed.
I would affirm the Examiner’s rejection of claims 117-130 under
§ 103(a).
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