Appeal No. 1997-2182
Application 08/137,443
treatment. [cites to the bibliography omitted]4
On page 674 the parent compound 1 and nine other galanthamine
derivatives are set forth. On page 679 in Table III, the
IC 's for seven galanthamine derivatives is set forth and in
50
vivo studies were conducted on galanthamine n-butyl carbamate
in mice and yielded "promising results".
Additionally, the examiner has cited several other
references in support of his rejection which acknowledge the
role of AChE inhibitors in treating Alzheimer's disease. See
for example, Robinson et al. at page 1127 wherein the authors
acknowledge the therapeutic effect of AChE inhibitors for
treating Alzheimer's disease. The examiner has also cited
Sarter et al. as evidence that there was a recognition in the
art at the time appellants made their invention that the high
number of failures in clinical trials for drugs ("recognition
enhancers") screened and then tested on an animal model was
directly correlated to the lack of sufficient attention to the
specific psychological mechanisms underlying behavioral
Whether or not the results of the clinical trial have4
been published and whether, if published, the results are
prior art having a bearing on the patentability of the
appealed claims is an issue the examiner and appellants should
investigate upon return of this application to the examining
group.
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