Appeal No. 2007-1138
Application No. 10/304,918
1. “Cortabs” comprise prednisone (“a corticosteroid”) and vitamin E
for oral administration to dogs and cats (world wide web at vetcominc.com,
accessed March 5, 2007). The Examiner should determine whether Cortabs
were on sale prior to the filing date of the instant application.
2. “Drug Bank” (world wide web at
redpoll.pharmacy.ualberta.ca/drugbank, accessed March 5, 2007) describes
“Cortab,” “Predniderm Tab,” and “Sterolin Liq” as containing prednisone
(“a corticosteroid”) and vitamin E. The Examiner should determine whether
any of these formulations were on sale prior to the filing date of the instant
application.
3. Serban (Serban, M.G., “Lipid Peroxidation in Autoimmune
Systemic Vasculitides, Effect of Corticoid Treatment on Lipid Peroxidation,
Antioxidant Protection with Vitamin E, Rev. Roum. Med. Int., 32(2):137-142
(1994)), teaches administration of prednisone (“a corticosteroid”) and
vitamin E (Serban at pp. 138, 139 (Table I). The Examiner should
determine whether the combination therapy described in Serban meets the
claimed requirement of a “medicament,” anticipating the claimed subject
matter, and/or whether it renders the claimed subject matter obvious, alone,
or combined with other prior art references.
TIME PERIOD
Regarding the affirmed rejection(s), 37 CFR § 41.52(a)(1) provides
“[a]ppellant may file a single request for rehearing within two months from
the date of the original decision of the Board.”
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