Appeal 2007-2254
Application 10/383,115
skill in the art with a reasonable expectation of success in treating
Alzheimer’s disease with tetracycline compounds, such as the ones recited in
claim 1. “Obviousness does not require absolute predictability of success.”
In re O’Farrell, 853 F.2d 894, 903-04, 7 USPQ2d 1673, 1681 (Fed. Cir.
1988).
SUMMARY
We conclude that the Examiner has set forth a prima facie case that
claim 1 would have been obvious over Amin and Yrjanheikki in view of
LeBlanc, which Appellant has not rebutted. We therefore affirm the
rejection of claim 1 under 35 U.S.C. § 103. Claims 2, 3, 7, 9, 14, 15, 17, 20,
21, 30, 31, 47, and 48 fall with claim 1.
No time period for taking any subsequent action in connection with
this appeal may be extended under 37 C.F.R. § 1.136(a).
AFFIRMED
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