Appeal No. 1995-1990
Application 08/006,691
Claims 14, 17, and 19 are directed to methods of treating a genetic hyperkinetic
movement disorder, an idiopathic hyperkinetic movement disorder and a psychogenic
hyperkinetic movement disorder, respectively, comprising administering an effective dose
of an opiate receptor antagonist selected from the group consisting of naltrexone,
naloxone, nalmefene and naltrindole. These claims stand rejected under 35 U.S.C. § 103
as unpatentable over Lindenmayer and Sandyk. The examiner urges that Lindenmayer,
which discloses the combined administration of naloxone and a neuroleptic as resulting in
an ameliorating effect on tardive dyskinesia, and Sandyk, which discloses naloxone
treatment of L-dopa-induced dyskinesia in patients with Parkinson's disease, make
obvious the use of such opiate receptor antagonists for the treatment of hyperkinetic
movement disorders arising from genetic disorders, idiopathic disorders or psychogenic
disorders. (Answer of Sept. 1, 1992, pages 4 and 5 and Answer of Sept. 27, 1994, page
6). Yet, both Lindenmayer and Sandyk are concerned with the treatment of hyperkinetic
movement disorders caused by the administration of another drug to the patient and not
the treatment of hyperkinetic movement disorders arising from a condition such as those
provided for by the claims. In Lindenmayer, the opiate receptor antagonist is administered
to treat tardive dyskinesia caused by the administration of a neuroleptic to a patient. In
Sandyk, the opiate receptor drug is administered to treat hyperkinetic movement resulting
from the administration of L-Dopa to a patient with Parkinson's Disease. The examiner
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