Appeal No. 94-3351
Application 07/919,679
(utility) of the type of compounds claimed is predictable.
Moreover, it is apparent that the examiner has given no weight to
the statements in the Flynn declaration (paragraphs 2.1 through
2.8) regarding the question of undue experimentation.
Accordingly, the examiner’s rejection under 35 USC § 112, first
paragraph, is reversed.
THE REJECTION UNDER 35 USC § 103
The subject matter on appeal is directed to a certain class
of pharmaceutical compounds referred to as serotonergic agents as
defined by the generic formula in appealed claim 1 (and
compositions) which act as 5-HT agonists or antagonists and/or
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5-HT antagonists in mammals. As set forth in the specification
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at page 9, the compounds of the claimed invention are said to be
useful in treating conditions such as gastrointestinal motility
disorders, emesis, anxiety, cognitive and other CNS disorders.
Gastrointestinal motility disorders said to be responsive to
treatment with 5-HT agonists include reflux esophagitis, non-
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ulcer dyspepsia, gastroparesis, ileus, irritable bowel syndrome
(constipation predominant), constipation, and the like.
Gastrointestinal motility disorders said to be responsive to
treatment with 5-HT antagonists include diarrhea, irritable
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bowel syndrome (diarrhea predominant) and the like. Disorders
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Last modified: November 3, 2007