Appeal No. 96-0009
Application 08/104,417
a utility or provided an enabling disclosure for a method for
treating a medical disorder (answer, pages 3-7). As pointed
out by appellants as discussed above, appellants are claiming
a method for inhibiting the transport of a neurotransmitter
away from a synapse, which is useful for studying the
neurotransport system. Appellants have set forth the evidence
discussed above which appears to indicate that appellants’
claimed method has the asserted utility and that their method
is enabled by their specification. The examiner has provided
no evidence to the contrary.
Because appellants have provided what appears to be
credible evidence of utility and the examiner has not set
forth evidence in support of his assertion of lack of utility,
the examiner’s rejection is not sustained.
DECISION
The rejection of claims 1-4 and 22-24 under 35 U.S.C.
§ 101 on the ground that the claimed invention lacks utility
is reversed.
REVERSED
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