Appeal No. 1997-1856
Application 08/142,284
6 and 7). Thus, the issue before us centers on the “how to use” requirement of 35 U.S.C. §
112, first paragraph.
Appellant expressly states that the compounds of his invention “are all readily
adapted to therapeutic use as tyrosine kinase inhibitors for the control of tyrosine kinase
dependent diseases in mammals” (specification, page 16, line 30 through page 17, line
1). Appellant amplifies on the meaning of tyrosine kinase dependent diseases, and
provides examples of those diseases (specification, page 17, lines 1 through 7).
Further, appellant sets forth an in vitro assay, useful for demonstrating the tyrosine
kinase inhibitory activity of the present compounds (specification, page 17, lines 8 through
29). With respect to the specifics of “how to use” his compounds, appellant describes
specific modes of administration, dosages, and dosage forms (specification, page 17,
line 30 through page 18, line 14). Furthermore, appellant elaborates on the preparation of
tablets, capsules, and aqueous suspensions and/or elixirs for the purposes of oral
administration (specification, page 18, line 15 through page 19, line 5). Likewise,
appellant describes the preparation of solutions useful for parenteral or topical
administration (specification, page 19, lines 6 through 24). Finally, appellant provides
guidelines for preparing a pharmaceutical composition comprising, as active ingredient, a
claimed compound or pharmaceutically acceptable salt thereof (specification, page 19,
lines 15 through 32).
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