Ex parte OPITZ - Page 3




          Appeal No. 94-4129                                                          
          Application 07/953,439                                                      
          Volume 39, pages 963-968 (1967), for the proposition that                   
          “galanthamine has only one tenth of the activity of                         
          neostigmine which has the same activity as physostigmine”                   
          (Brief on Appeal, page 7, second full paragraph).  While we                 
          find in Wislicki a statement that “the potency of neostigmine               
          [as an anesthetic] is considered to be ten times as great [as]              
          . . . galanthamine” (Wislicki, page 965, column 2, last                     
          paragraph), we cannot find   a statement that “neostigmine . .              
          . has the same activity as physostigmine” anywhere in Wislicki              
          or in the specification.  To the contrary, appellant’s                      
          specification teaches at pages 4-5, bridging paragraph):                    
               Due to its pharmacological properties galanthamine                     
          belongs                                                                     
               to the group of the reveribly [sic, reversibly] acting                 
               cholinesterase inhibitors.  The effects of galanthamine                
          are       similar to those of physostigmine and neostigmine,                
          however,       it has additional special effects.  The                      
          therapeutic range                                                           
               of galanthamine is 3 to 6 times larger than that of                    
               physostigmine or neostigmine, because of its lower                     
               toxicity (Paskov, D.S., ed. Springer-Verlag, Berlin -                  
               Heidelberg - New York - Tokyo, 653-672 (1986).                         
          Moreover, the specification also teaches at page 5:                         
               In contrast to neostigmine, galanthamine overcomes the                 
               blood-brain barrier and opposes the cerebral effect of                 
               cholinergic poisons.  Galanthamine has the effect of                   
               awakening the patient from the twilight sleep caused by                
               scopolamine (Baraka, . . . J. Amer. Med. Assoc. 238,                   
               2293-2294 (1977).                                                      

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