Appeal No. 95-2743
Application 08/023,016
Scrip's Neurodegenerative Disorders Report, “Recent Trends in Research and
Treatment of Neurodegenerative Disorders,” PJB Publications, Ltd., pp. i-vi, 1-3,
165-170, & 205 (1992).
Bensimon et al. (Bensimon), “A Controlled Trial of Riluzone in Amyotrophic Lateral
Sclerosis, “ The New England Journal of Medicine, Vol. 330, No. 9, pp. 585-591 (Mar.
3, 1994).
The claims stand rejected as follows:
I. Claims 1, 2 and 4 through 19 stand rejected under 35 U.S.C. § 101 as the
claimed invention lacks patentable utility.
II. Claims 1, 2 and 4 through 19 stand rejected under 35 U.S.C. § 112, first
paragraph, as “the disclosure is enabling only for claims limited in accord with the entire
disclosure.” Answer, p. 3.
III. Claims 1, 2 and 4 through 19 stand rejected under 35 U.S.C. § 103 as being
unpatentable over Lobbestael and the Merck Manual.
We reverse.
Discussion
I.
The present invention is directed to a method of treating neurodegenerative
diseases using known anticonvulsant compounds. Brief, p. 1.
The examiner argues that the claimed method lacks patentable utility as it
encompasses the treatment of dementia conditions such as Alzheimer’s disease.
Answer, p. 3. According to the examiner, the “claims are incredible because there is
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