Ex parte KOSLEY JR. et al. - Page 12




          Appeal No. 1997-2188                                                        
          Application 08/137,440                                                      
          treatment of Alzheimer's disease, the only disease mentioned                
          in their specification as including as a symptom thereof                    
          memory loss due to decreased cholinergic function.  The                     
          examiner explains that appellants have failed to present                    
          adequately reliable information in their disclosure for                     
          effectively treating Alzheimer's disease. Specifically, the                 
          examiner questions the reliability 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 Test  can reliably predict efficacy in2                                                 
          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.                  


           See page 7, line 23 through page 8, line 13 of the2                                                                      
          specification for an explanation of the Dark Avoidance                      
          Test.                                                                       
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