Appeal No. 97-2833
Application 08/236,190
The examiner argues that Borzelleca teaches that metabolites of nicotine were
known to be pharmaceutically active compounds (answer, pages 8-9). This reference
teaches that isolation of nicotine metabolites makes possible the investigation of the
role of metabolites of nicotine in controlling or limiting the response to nicotine (page
313). Borzelleca discloses that in a reported preliminary study in anesthetized dogs,
several nicotine metabolites produced depression, and high dosages produced death
(page 314). Borzelleca reports that in his studies, (-)-cotinine produced depression in
most mice and hyperexcitability in a few (page 316). We find in this reference no
indication that nicotine metabolites are effective for suppressing appetite, preventing
weight gain or inducing weight loss.
Michaels, Abood and Hutchinson are relied upon by the examiner for a
disclosure of the methods of administration recited in appellant’s dependent claims
(answer, page 9).
The examiner has provided no evidence or convincing reasoning which shows
that the prior art relied upon by the examiner would have fairly suggested, to one of
ordinary skill in the art, administering to a human an amount of one or more nicotine
metabolites or pharmaceutically acceptable salts thereof which is within the amount
recited in appellant’s claims and is sufficient to suppress appetite, prevent weight gain
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