Appeal No. 1999-0494
Application 08/482,768
14. The composition as claimed in claim 13, wherein said compound inhibits
formation of amyloid fibrils by acting on DMS components such that a structural
transition of DMS protein in the brain to a β-pleated sheet conformation is prevented.
15. The composition as claimed in claim 13, wherein said compound is selected from
the group consisting of pyrimethamine, cromolyn sodium, erythromycin, purpurogallin,
tartrazine, sulfanilamide, benzopurpurine 4B, 29H, 31H-phthalocyanine, 5-methyl-2-
thiouridine and 1,2-benzylsoxazole.
The references relied upon by the examiner are:
Haber et al. (Haber) 3,728,452 Apr. 17, 1973
Johnson 4,064,248 Dec. 20, 1977
The Merck Index, Eleventh Edition, page 1264, No. 7963
Claims 13 through 15 stand rejected under 35 U.S.C. § 112, fourth paragraph, as
being in improper form. Claims 13 through 15 and 17 through 21 stand rejected under
35 U.S.C. § 103(a). As evidence of obviousness, the examiner relies upon "Merck,
Johnson, and Haber." We reverse. In addition, we make a new ground of rejection
under the provisions of 37 CFR § 1.196(b).
BACKGROUND
The claimed invention is directed to a composition which comprises a
therapeutically effective amount of a compound in a pharmaceutically acceptable
carrier. The composition must be capable of crossing a blood-brain barrier. The
compound is defined in claims 13 and 14 in a functional manner while claim 15 sets
forth a Markush group of compounds which possess the functional requirements of
claim 13.
As seen from claim 13, the compound must inhibit formation of amyloid fibrils
when administered to a test animal under certain conditions. The conditions include an
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