Ex Parte KRIEGER - Page 13

                Appeal  2007-4148                                                                              
                Application 09/148,012                                                                         

                      The prior art teaches methods of inhibiting pregnancy comprising                         
                administering estrogen.  See, e.g., Spona et al., “Inhibition of ovulation by                  
                an oral contraceptive containing 100 µg levonorgestrel in combination with                     
                20 µg ethinylestradiol,” Contraception, Vol. 54, pp. 299-304 (1996) (of                        
                record).                                                                                       
                      Some of the claims were rejected earlier in prosecution as anticipated                   
                by Spona and other references.  Those rejections were overcome by                              
                amendments to the claims, but the amendments that overcame the rejections                      
                have since been modified.  Claim 1, as it currently stands, appears to read on                 
                the method disclosed by Spona.  Other claims may also read on Spona, or                        
                other prior art.                                                                               
                      If this application is subject to further prosecution, the Examiner                      
                should consider whether the claims as they currently stand are anticipated                     
                by, or would have been obvious in view of, methods taught in the prior art.                    
                B.  Claims 4-7                                                                                 
                      Claim 1, on which all the other claims depend, is directed to a                          
                “method . . . comprising administering a compound inhibiting uptake,                           
                binding or transport of cholesteryl ester by SR-BI.”  Claim 4 is directed to                   
                the same method “wherein the compound decreases SR-BI expression,”                             
                while claim 5 is directed to the same method “wherein the compound                             
                increases SR-BI expression.”  Similarly, claim 6 is directed to the same                       
                method “wherein the compound decreases SR-BI binding to lipoprotein,”                          
                while claim 7 is directed to the same method “wherein the compound                             
                increases SR-BI binding to lipoprotein.”                                                       



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