Appeal No. 1997-1987
Application No. 08/108,005
The examiner admits that the etiology of dementia caused
by encephalitis differs from that caused by Alzheimer’s
disease, as shown in the Monaco declaration. However, the
examiner states that “appellant has not conclusively shown the
experimental evidence, so that the two phenomena can be
distinguished.” Answer, page 4, lines 22-23.
The examiner does not provide facts or scientific
reasoning which would cast doubt on statements in the Monaco
declaration that senile or presenile dementia caused by
Alzheimer’s disease and multiinfarctual dementia have a
completely different pathology from dementia caused by
encephalitis.
On this record, the examiner has not shown that treating
patients afflicted with subacute encephalitis associated with
dementia or vacuolar myelopathies by administering 5-methyl-
tetrahydrofolic acid or 5-formyl-tetrahydrofolic acid is
described by or inherently flows from Le Grazie.
Accordingly, we reverse the examiner’s decision rejecting
claims 17, 18 and 22 under 35 U.S.C. § 102(e) as anticipated
by Le Grazie.
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