RAPOPORT V. DEMENT et al. - Page 3




          Interference 102,760                                                        
                    1.   A method for treatment of sleep apneas                       
          comprising                                                                  
               administration of a therapeutically effective regimen of               
               a Formula I azapirone compound  or a pharmaceutically[2]                                      
               effective acid addition salt thereof to a patient in need              
               of such treatment . . . .                                              

               February 12, 1991 -- Schwimmer filed Application                       
          07/657,332, as a continuation of Application 07/478,820.                    
               May 3, 1991 -- Dement, Rosekind, and Schwimmer (hereafter              
          Dement et al.) filed Application 07/695,325, as a                           
          continuation-in-part of Applications 07/479,803 and                         
          07/657,332.  Original Claim 1 of Application 07/695,325 reads               
          in pertinent part:                                                          
                    1.   A method for treatment of sleep apneas                       
          comprising                                                                  
               administration of a therapeutically effective amount of a              
               Formula I azapirone compound  or a pharmaceutically[3]                                        
               effective acid addition salt thereof to a patient in                   
               need of such treatment . . . .                                         
               January 10, 1992 -- The Notice of Declaration of                       
          Interference 102,760 mailed January 10, 1992 (Paper No. 2),                 
          accorded senior party Dement et al. benefit of the February                 
          12, 1990, filing date of Application 07/478,820; the February               


              2    The azapirone compounds of Rapoport’s Formula I include           
          buspirone.  Dependent Claim 6 is directed to buspirone.                     
              3    The azapirone compounds of Dement et al. Formula I                
          include buspirone.  Dependent Claim 7 is directed to buspirone.             
                                          3                                           





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