Ex parte HEINE et al. - Page 3




                     Appeal No. 96-0676                                                                                                                                                
                     Application 07/963,165                                                                                                                                            


                                up to 8 carbon atoms or benzyl, or                                                                                                                     
                                denotes aryl having 6 to 10 carbon atoms, which                                                                                                        
                                is optionally substituted by halogen, hydroxyl,                                                                                                        
                                nitro, cyano, trifluoromethyl, trifluoromethoxy                                                                                                        
                                or by straight-chain or branched alkyl or alkoxy                                                                                                       
                                each having up to 6 carbon atoms,                                                                                                                      
                     R  denotes straight-chain or branched alkyl or7                                                                                                                                                               
                                alkenyl each having up to 8 carbon atoms, each of                                                                                                      
                                which is optionally substituted by cycloalkyl                                                                                                          
                                having 3 to 6 carbon atoms or phenyl                                                                                                                   
                     or                                                                                                                                                                
                     A has one of the abovementioned meanings                                                                                                                          
                     and                                                                                                                                                               
                       1             2                                                                                                                                                 
                     R  and R  are identical or different and                                                                                                                          
                                represent hydrogen or straight-chain or branched                                                                                                       
                                alkyl, or                                                                                                                                              
                                represent phenyl or benzyl, each of which is                                                                                                           
                                optionally monosubstituted to trisubstituted by                                                                                                        
                                identical or different substituents from the                                                                                                           
                                [sic] selected from the group consisting of halogen,                                                                                                   
                                hydroxyl, cyano, difluoromethyl, difluoromethoxy,                                                                                                      
                     trifluoromethyl and trifluoromethyaxy or by straight-chain                                                                                                        
                                or branched alkyl or alkoxy each having up to 8                                                                                                        
                                carbon atoms,                                                                                                                                          
                     if appropriate in an isomeric form, and their salts.                                                                                                              
                                8.  The method of treating diseases which are                                                                                                          
                     characterized by disturbances of the serotoninergic system                                                                                                        
                     related to 5 HT  receptors in a patient in need thereof which                                                                                                     
                                                     1                                                                                                                                 
                     comprises administering to such a patient an amount affective                                                                                                     
                     therefor of a compound or salt thereof according to claim 1.                                                                                                      
                                                                           THE REFERENCES2                                                                                             

                                2 The examiner cites a number of references in the                                                                                                     
                     examiner’s answer which were not cited in the final rejection                                                                                                     
                     and are not included in the statement of any rejection in the                                                                                                     
                     examiner’s answer.  Appellants have refused to address these                                                                                                      
                     references, on the ground that they are not relied upon in a                                                                                                      
                     rejection (reply brief, page 7; supplemental reply brief,                                                                                                         
                                                                                          3                                                                                            





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