Interference 102,760
the conception of the invention as a whole was as follows:
. . . Schwimmer had the concept of the use of buspirone in the
treatment of sleep apnea at least as early as May 19, 1988.
The date when such contribution was made was May 19, 1988. . .
.” (SRR, WIA, RI 4, pp. 261).
H. “[A]s to . . . claims 1, 2, 6, 7 and 13 of
application Serial No. 07/695,325, . . . Schwimmer conceived
of at least an upper limit of the dosage of buspirone for the
treatment of sleep apnea recited in the last paragraph on page
4 of the Dement et al application involved in this
interference, viz., 60 m.g.;
and a preferred upper limit of the dosage of buspirone for the
treatment of sleep apnea recited in the last paragraph on page
9 of the Dement et al application involved in this
interference, viz., 40 m.g. . . .” (SRR, WIA, RI 4, pp. 261-
262).
I. “As to . . . claims 3-5 and 8-12 of application
Serial No. 07/695,325, . . . Schwimmer conceived of the
administration of a therapeutically effective amount of
gepirone to a patient in need of such treatment for the
treatment of sleep apnea in the first half of 1989; and of
azapirones other than buspirone and gepirone for the treatment
13
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