Appeal No. 96-0009 Application 08/104,417 a utility or provided an enabling disclosure for a method for treating a medical disorder (answer, pages 3-7). As pointed out by appellants as discussed above, appellants are claiming a method for inhibiting the transport of a neurotransmitter away from a synapse, which is useful for studying the neurotransport system. Appellants have set forth the evidence discussed above which appears to indicate that appellants’ claimed method has the asserted utility and that their method is enabled by their specification. The examiner has provided no evidence to the contrary. Because appellants have provided what appears to be credible evidence of utility and the examiner has not set forth evidence in support of his assertion of lack of utility, the examiner’s rejection is not sustained. DECISION The rejection of claims 1-4 and 22-24 under 35 U.S.C. § 101 on the ground that the claimed invention lacks utility is reversed. REVERSED 8Page: Previous 1 2 3 4 5 6 7 8 9 NextLast modified: November 3, 2007