Appeal No. 1997-1987
Application No. 08/108,005
subacute encephalitis associated with dementia or vacuolar
myelopathies.
4. In the Brief, pages 8 through 11, appellant argues
that there are significant distinctions between the organic
mental disorders described by Le Grazie and “subacute
encephalitis associated with dementia and vacuolar
myelopathies” recited in claim 22. Appellant argues that
Le Grazie is directed to treating neuro-degenerative
pathologies, whereas the claimed therapeutic methods are
directed to treating pathologies “having a completely
different origin.” Brief, page 8, line 15, through page 9,
line 7; and page 9, lines 20-23. Appellant further argues
that senile or presenile dementia caused by Alzheimer’s
disease and multiinfarctual dementia have a different etiology
than dementia caused by encephalitis. Brief, page 10, lines
1-9. The Rule 132 Declaration of Pietro Monaco, Paper No. 21,
filed 10 April 1995, defines subacute encephalitis as
“inflammation of the
brain,” and vacuolar myelopathy as “a disease of the spinal
cord.” According to Monaco, dementia associated with subacute
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