Ex parte KEENAN - Page 2




                 Appeal No. 97-2833                                                                                                                     
                 Application 08/236,190                                                                                                                 


                                                                THE INVENTION                                                                           
                          Appellant’s claimed invention is a method for managing body weight changes in                                                 
                 a human by administering to the human a specified amount of one or more nicotine                                                       
                 metabolites or pharmaceutically acceptable salts thereof.  Claim 34 is illustrative and                                                
                 reads as follows:                                                                                                                      
                          34.   A therapeutic method used to manage short-term human body weight                                                        
                 changes through suppression of appetite or prevention of weight gain or induction of                                                   
                 weight loss during the initial tobacco abstinence phase in nicotine-experienced or                                                     
                 nicotine-naive individuals comprising of administering a nicotine metabolite or                                                        
                 combination of nicotine metabolites or their pharmaceutically acceptable salts thereof                                                 
                 to a human in need of such treatment, in an amount in the range of 1 to 100 milligrams                                                 
                 per kilogram of body weight of the human per day calculated as the nicotine metabolite                                                 
                 or combination of nicotine metabolites in the free base form that is effective to suppress                                             
                 appetite, prevent weight gain or induce weight loss in an individual in the need of such                                               
                 treatment.                                                                                                                             
                                                              THE REFERENCES                                                                            
                                                 References relied upon by the examiner                                                                 
                 Michaels                                                           3,867,519                      Feb. 18, 1975                        
                 Hutchinson et al. (Hutchinson)                         3,870,794                      Mar. 11, 1975                                    
                 Abood (Abood ‘916)                                         4,966,916                      Oct. 30, 1990                                
                 Joseph F. Borzelleca et al., “Studies on the Respiratory and Cardiovascular Effects of                                                 
                 (-)-Cotinine”, 137 J. Pharm. Exper. Therapeutics, 313-18 (1962) (Borzelleca).                                                          
                 The Health Consequences of Smoking - Nicotine Addiction, Report of the Surgeon                                                         
                 General 197-208 (1988) (Surgeon General’s report).                                                                                     
                                                    Reference relied upon by the board                                                                  
                 Keenan                                                             5,643,928                      Jul.   1, 1997                       

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