Appeal No. 1998-2089
Application 08/443,507
treatment for a variety of neurodegenerative disorders. These disorders include, inter
alia, lathyrism, Alzheimer’s disease, Huntington’s disease, schizophrenia, Parkinson’s
disease, epilepsy, drug addiction, and a number of cerebrovascular disorders. We
agree with the examiner that, at the time applicants’ invention was made, it was
recognized by persons having ordinary skill in the art that these disorders were difficult
to treat, i.e., resistant to effective pharmaceutical treatment.
All in all, we believe that the examiner appropriately assessed the state of the
prior art; the four assays described in applicants’ specification; the breadth of claim 1;
the unpredictability of the art; and the nature of the invention, in determining that
applicants’ specification does not teach those skilled in the art how to use the full scope
of the claimed invention without undue experimentation.
The examiner’s decision is affirmed.
No time period for taking any subsequent action in connection with this appeal
may be extended under 37 CFR § 1.136(a).
AFFIRMED
)
Sherman D. Winters )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
William F. Smith )
Administrative Patent Judge ) APPEALS AND
)
) INTERFERENCES
)
Eric Grimes )
Administrative Patent Judge )
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