Appeal No. 95-2743
Application 08/023,016
record, what conditions are encompassed by the phrase “neurological disorders.”
As to the claimed compounds, we point out that it is not clear from the examiner’s
rejection which, if any, of the compounds set forth in claim 1 are taught by Lobbestael. We
further point out that the specification discloses that the compounds described in claim 1
are known in the art. Specification, p. 8, lines 1-14. Thus, upon return of the application,
the examiner should consider retrieving the prior art cited in the referenced section of the
specification and evaluating them to determine whether they teach or suggest using the
claimed compounds to treat neurological diseases or disorders. After making such
analyses, the examiner will be in a better position to determine whether the claimed
methods would have been obvious to one of ordinary skill in the art in view of the teachings
of Lobbestael and the Merck Manual.
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