Appeal No. 94-2100
Application 07/902,109
§ 112, first paragraph. However, in the case before us, we do
not find that the examiner has provided a single reason as to why
one skilled in the art would have doubted the truth of these
statements or why the specification would not have enabled such
person to “use” the claimed compositions.
As we understand it, the examiner’s actual position is that
the specification would not have enabled one skilled in the art
to use the claimed compositions to cure Alzheimer’s disease.
However, such is not the utility asserted by the specification in
the quoted section above. Rather, the quote only suggests that
the claimed compositions, having the demonstrated utility of
reversing scopolamine-induced hyperactivity and improving
scopolamine-induced amnesia in rats, may be useful for treating
diseases involving hypofunction of the cortical cholinergic
system. With respect to Alzheimer’s disease, the specification
states that in view of the effectiveness of the tested
compositions on M receptors of the central nervous system, that
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“selective compounds may have therapeutic potential for the
treatment of disease states in which cholinergic disfunction is
apparent, such as senile dementia of the Alzheimer’s type. No
where in the specification, is it alleged that the claimed
compounds are to be used exclusively for the cure, or treatment,
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