Ex parte PERT et al. - Page 2




                   Appeal No. 1996-0160                                                                                                                             
                   Application 07/898,691                                                                                                                           



                                                                             2                                                                                      
                   18 and 23 have been canceled.  Claim 1  is illustrative of the subject matter on appeal and                                                      
                   reads as follows:                                                                                                                                
                            1.    A method of treating tropical spastic paresis in mammals which comprise                                                           
                   administering an effective amount of a peptide of the formula (I):                                                                               
                               a                                       b                                                                                            
                            R -Ser-Thr-Thr-Thr-Asn-Tyr-R                              (I)                                                                           
                               a                                                                                             b                                 
                   where R  represents an amino terminal residue Ala-, D-Ala- or Cys-Ala- and R                                                                     
                   represents a carboxy terminal residue -Thr, -Thr-amide, -Thr-Cys or Thr-Cys-amide; or a                                                          
                   peptide of formula (II):                                                                                                                         
                               1   2    3   4   5                                                                                                                   
                            R -R -R -R -R                                             (II)                                                                          
                               1                                                  6       6                6                                                     
                   where R  is an amino acid terminal residue XR  or R  wherein R  is Thr-, Ser-, Asn-, Leu-,                                                       
                   Ile-, Arg-, or Glu- and X is Cys,                                                                                                                
                               2                                                                                                                                    
                            R  is Thr, Ser, or Asp,                                                                                                                 
                               3                                                                                                                                    
                            R  is Thr, Ser, Asn, Arg, Gln, Lys or Trp,                                                                                              
                               4                                                                                                                                    
                            R  is Tyr,                                                                                                                              
                           5                                                       7        7               7                                                   
                   and R  is a carboxy terminal residue which is R X or R  wherein R  may be any amino acid                                                         
                   and X is Cys or a physiologically acceptable salt thereof.                                                                                       


                            The references relied upon by the examiner are:                                                                                         

                            2The claims before us were finally amended in Paper No. 33, filed October 11,                                                           
                   1995.  We point out that there are two typographical errors which appear to have been                                                            
                   overlooked by the appellants and the examiner.  We direct attention to claim 3, line 2,                                                          
                   which should read “an” effective blocking amount; and to claim 9, line 1, which should read                                                      
                   “HTLV-I.”  In the event of further prosecution of the application, these errors should be                                                        
                   corrected.                                                                                                                                       
                                                                                 2                                                                                  





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