Appeal 2007-4007 Application 90/006,954 Edwin B. Villhauer, N-substituted 2-cyanopyrrolidines, WO 98/19998 (pub'd 14 May 1998) OSI has not pointed us to evidence that would antedate or otherwise call into question the availability of these publications as prior art under §102(a). Claim 3 also stands rejected for being directed to subject matter that would have been obvious to a person having ordinary skill in the art in view of a third reference. Since we affirm the anticipation rejections, we do not reach the obviousness rejection. Anticipation by the Probiodrug published application The Probiodrug publication discloses the use of dipeptide compounds to treat a variety of conditions, including diabetes mellitus. The invention is (Probiodrug 1, ¶¶1-2)— a simple method of lowering the blood sugar concentration in mammals with the aid of dipeptide compounds as activity- reducing effectors (substrates, pseudosubstrates, inhibitors, binding proteins, antibodies etc.) for enzymes having activity comparable to or identical to the enzymatic activity of the enzyme dipeptidyl peptidase IV. We note that mammals are animals. Administration of effectors for the DP IV enzyme is said to lower mammalian serum glucose concentration below the level characteristic of hyperglycemia (Probiodrug 8, ¶2). Probiodrug contemplates the use of the method as a long-term treatment of diabetes mellitus (Probiodrug 5, ¶4). Long-term treatment would require repeated administration of the effectors. Probiodrug even discusses a daily dosing regimen (Probiodrug 9, ¶3). OSI argues (Br. 5:2-10) that— 3Page: Previous 1 2 3 4 5 6 Next
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