Appeal No. 1997-1954
Application 08/154,903
Claims 1 through 22 stand rejected under 35 U.S.C. § 112, first paragraph
(enablement). Claims 1 through 22 also stand rejected under 35 U.S.C. § 103. As
evidence of obviousness, the examiner relies upon Short and Flaugh. We reverse
the rejection under 35 U.S.C. § 112, first paragraph, and vacate the rejection under
35 U.S.C. § 103. In addition, we raise other issues for the examiner to consider upon
return of the application.
BACKGROUND
Melatonin is a known compound with several different uses, e.g., ovulation inhibitory
activity, expedite recovery from “jet lag syndrome,” cause sleep, and minimize
disturbances in circadian rhythms of bodily performance and function. See page 1 and
lines 1-3 of page 2 in the specification. On page 13, lines 33-38, the specification
incorporates by reference two patents which discuss desynchronized circadian rhythms
and causes of the same including Short which is relied upon by the examiner in rejecting
the claims under 35 U.S.C. § 103.
The claimed invention is directed to a method of treating desynchronization
disorders in a mammal suffering or susceptible to such disorders which comprises
administering to the mammal an effective amount of a compound having the formula as
recited in claim 1. The claimed compounds can be termed analogs or derivatives of
melatonin.
DISCUSSION
3
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