Appeal No. 2007-1072
Application No. 09/872,250
references teach the use of a preparation containing an identical content of
the oral contraceptive administered in the first month and each subsequent
month.
We can find no motivation to arrive at the claimed kit containing two
cycle packs of oral contraceptives, one pack containing a lower effective
dosage of steroid than the second pack, either in the prior art or the general
knowledge in the as art set forth in the record by the examiner, except
Appellant’s own disclosure. Thus, as the Examiner has not met the burden
of prima facie case of obviousness, we are compelled to reverse the
rejection.
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