Ex parte GRAHAM - Page 2




                     Appeal No. 1997-1705                                                                                                                                              
                     Application 08/211,352                                                                                                                                            


                     claims remaining in the application.                                                                                                                              
                                                                             THE INVENTION                                                                                             
                                Appellant’s claimed invention is directed toward a method                                                                                              
                     for treating a juvenile patient up to six years in age who                                                                                                        
                     suffers from muscle contractures due to cerebral palsy.                                                                                                           
                     Claims 1 and 17 are illustrative and read as follows:                                                                                                             
                                1.  A method for treating a juvenile patient, said method                                                                                              
                     comprising formulating a solution containing a presynaptic                                                                                                        
                     neurotoxin for the promotion of normal muscle growth in a                                                                                                         
                     juvenile patient of up to six years in age, suffering from                                                                                                        
                     dynamic contractures due to cerebral palsy, said promotion                                                                                                        
                     having a duration greater than a clinical activity of said                                                                                                        
                     presynaptic neurotoxin, and administering said formulation to                                                                                                     
                     said juvenile patient.                                                                                                                                            
                                17.  A method for causing relief of muscle contractures                                                                                                
                     due to cerebral palsy in juvenile patients, said method                                                                                                           
                     comprising the administering to a juvenile patient of up to                                                                                                       
                     six years in age an effective amount of botulinum toxin A                                                                                                         
                     having clinical activity for blocking the release of synaptic                                                                                                     
                     vesicles containing acetylcholine, the relief from arrested                                                                                                       
                     muscle growth having a duration greater than the clinical                                                                                                         
                     activity of the presynaptic neurotoxin.[1]                                                                                                                        
                                                                            THE REFERENCES                                                                                             
                     T.K. Das & D.M. Park (Das), “Effect of treatment with                                                                                                             
                     botulinum toxin on spasticity”, 65 Postgrad. Med. J. 208-10                                                                                                       


                                1 In the event of further prosecution, appellant and the                                                                                               
                     examiner should address on the record whether the antecedent                                                                                                      
                     basis in claim 17 for “the presynaptic neurotoxin” is                                                                                                             
                     sufficiently clear.                                                                                                                                               
                                                                                          2                                                                                            





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