Interference 102,760
12, 1990, filing date of Application 07/479,803; and the
February 21 [sic, 12], 1991, filing date of Application
07/657,332, for the subject matter of Count 1. Count 1 reads
in pertinent part:
Count 1
A method for treatment of sleep apneas comprising
administration of a therapeutically effective amount of a
Formula I azapirone compound or a pharmaceutically[4]
effective acid addition salt thereof to a patient in
need of such treatment . . . .
June 10, 1992 -- Rapoport filed a Motion Under 37 CFR
§1.633(a)(Paper No. 12) arguing that (1) Dement et al. derived
the invention of Count 1 from Rapoport, and (2) subject matter
claimed in Dement et al. Application 07/695,325 is
unpatentable over presentations in the U.S. by Rapoport on
March 5, 1988, and March 11, 1989.
June 1, 1993 -- Rapoport filed a Motion To Accept Belated
Filing Of Preliminary Motion Under 37 CFR 1.633(a)(Paper No.
51).
June 1, 1993 -- Rapoport filed a Motion For Judgment
Under
4 The azapirone compounds of Formula I of Count 1 include
buspirone. Claims 1-12 of Rapoport Application 07/479,693 and
Claims 1-13 of Dement et al. Application 07/695,325 correspond to
Count 1.
4
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