Appeal 2007-1155
Application 10/230,575
Alzheimer’s disease is treated by the methods of the invention” (Schatzberg
‘596 11). Schatzberg ‘596’s definition of dementia is the same as
Appellants (Schatzberg ‘596; Specification 6: ¶ 22). However, Appellant’s
expert Dr. Ranga Ram Krishnan explains, “cognitive deterioration from
Down’s syndrome, dementia of the Alzheimer’s type, and mild cognitive
impairment are regarded as distinct conditions in the medical community,
even though some overlapping may exist in the symptoms” (Krishnan
Declaration 4: ¶ 10). Accordingly, Dr. Krishnan declares that “a person of
skill in the art would not reasonably expect one common treatment method .
. . for cognitive deterioration in Down’s syndrome, for dementia of the
Alzheimer’s type, and for mild cognitive impairment” (id.).
In response, the Examiner asserts that Schatzberg ‘596 uses
descriptive terms that apply to both dementia and cognitive deterioration
(Answer 8). We agree and note that there does not appear to be any dispute
on this record that dementia and cognitive deterioration from Down’s
syndrome have overlapping symptoms (see, e.g., Krishnan Declaration 4:
¶ 10). However, without evidence to the contrary, an overlap in symptoms
does not lead to a conclusion that the impairments are equivalent or that the
treatment of one condition will work for another (id.).
We recognize the Examiner’s assertions regarding Sekijima (Answer
8-9). We note, however, that the Examiner uses the terms Alzheimer’s
disease, cognitive decline, cognitive deterioration, and dementia as if they all
relate to the same impairment. While cognitive decline may be a symptom
of Alzheimer’s disease, cognitive deterioration, and dementia, the evidence
on this record supports the finding that these impairments represent distinct
medical conditions. Accordingly, we disagree with the Examiner’s assertion
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