Ex parte KOSLEY JR. et al. - Page 7




          Appeal No. 1997-2167                                                        
          Application 08/137,444                                                      
          found on the compound depicted by formula (II) in claim 1 and               
          also includes the "pharmaceutically acceptable addition salts"              
          thereof.  The terminology "pharmaceutically acceptable                      
          addition salts" is conventional language used to describe                   
          well-known groups of compounds (salts) prepared from various                
          acids and the claimed compounds.  The salts are usually                     
          prepared for purposes of solubility and bioavailability.  See               
          appellants' disclosure at page 8, lines 9 through 12 for acids              
          useful for preparing the claimed salts.                                     
               Appellants' composition claims are so-called "comprising"              
          claims and, as such, are directed to compositions including                 
          the recited carrier and an acetylcholinesterase inhibiting                  
          amount of the compounds defined by claim 1.  The compositions               
          are open to the inclusion of compounds such as those described              
          by appellants in their specification at page 8, line 13                     
          through page 9, line 27.  The compositions do not exclude any               
          other materials, including materials disclosed but not claimed              
          and materials neither disclosed nor even contemplated.                      
               Appellants' method claims are directed to two separate                 
          embodiments: one where memory dysfunction characterized by                  
          decreased cholinergic function is treated by administering the              
          compounds of claim 1 to a mammal in an amount effective to                  
                                          7                                           





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next 

Last modified: November 3, 2007