Appeal No. 1997-1987
Application No. 08/108,005
encephalitis is caused by an inflammatory state of the brain;
in contrast, senile or presenile dementia caused by
Alzheimer’s disease is characterized by diffuse cerebral
cortical atrophy, and microscopically by the presence of
argyrophil cells, loss of neurons, and neurofibrillary
tangles. Monaco states that multiinfarctual dementia is
generated by the presence in the brain of a series of infarcts
(localized circumscribed areas of ischemic tissue necrosis,
due to inadequate blood flow), and cannot be considered
equivalent to dementia associated with encephalitis.
5. The examiner argues that “appellant’s encephalitis
associated with dementia and of vacuolar myelopathies is
inherently encompassed in the dementia of the reference,
especially in the absence of evidence to the contrary.”
Answer, page 4, lines 8-11. However, the examiner fails to
provide a basis in fact or technical reasoning which would
reasonably support the determination that encephalitis
associated with dementia and vacuolar myelopathies are
inherently disclosed by Le Grazie. See Ex parte Levy, 17
USPQ2d 1461, 1464 (Bd. Pat. App. & Inter. 1990), and cases
cited therein.
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