Ex parte KOSLEY JR. et al. - Page 12




          Appeal No. 1997-2167                                                        
          Application 08/137,444                                                      
          of appellants' screening method for screening prospective drug              
          candidates for treatment of memory dysfunction characterized                
          by decreased cholinergic function.  The examiner also                       
          questions whether appellants use of the Dark Avoidance Test2                
          can reliably predict efficacy in humans of the claimed                      
          compounds.                                                                  
               At page 2 of his Answer, the examiner has listed various               
          prior art references which serve as the evidence which                      
          supports his rejection.  Of all the listed prior art the                    
          examiner has proffered as evidence in support of his                        
          rejection, we find the article by Han et al. in the European                
          Journal of Medical Chemistry to be the most relevant reference              
          to the issues presented for our determination. Han et al.                   
          acknowledges on page 673 that:                                              
               One of the more promising palliative approaches relates                
               to potentiating the activity of the central cholinergic                
               system. A decrease in central nervous system cholinergic               
               markers is the most consistent and well-documented                     
               neurochemical change in Alzheimer's disease. Accordingly,              
               several pharmacological strategies to enhance central                  
               cholinergic function are being explored: muscarinic                    
               agonists, acetylcholine releasing agents and                           
               cholinesterase inhibitors. [cites to the bibliography                  
               omitted]                                                               


           See page 6, line 27 through page 7, line 15 of the2                                                                      
          specification for an explanation of the Dark Avoidance Test.                
                                         12                                           





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