Appeal No. 97-1999
Application 07/390,745
Foster would have led persons having ordinary skill in the art
to understand that the NMDA receptor complex is associated
with neuropsycho-pharmacological disorders such as epilepsy,
stroke, anxiety, Alzheimer’s disease, Parkinson’s Disease,
Guam ALS, dementia, and lathyrism. Rather, appellants argue
(1) that neither Nadler nor Marvizon is prior art under 35
U.S.C. § 102(a), and (2) the combined teachings of Nadler and
Marvizon reasonably would not have led persons having ordinary
skill in the art to make and use the invention appellants
claim with reasonable expectation of successfully treating
neuropsychopharmacological disorders associated with excessive
activation of the NMDA receptor complex (Appeal Brief, pp. 11-
14).
In support of argument (1), appellants filed two
declarations. The first is a Declaration Under 37 CFR 1.132
by Phil Skolnick which is supported by an article by Skolnick,
Marvizon, Jackson, Monn, Rice, and Lewin (Skolnick), “Blockade
of N-Methyl-D-Aspartate Induced Convulsions by 1-
Aminocyclopropane- carboxylates,” Life Sciences, Vol. 45, No.
18, pp. 1647-1655 (1989)(Paper No. 8, filed February 19,
1991). In part VI of that declaration, Skolnick declares
(Skolnick Rule 132 declaration,
- 7 -
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: November 3, 2007