Appeal No. 1997-2188
Application 08/137,440
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]
Thereafter in the paragraph bridging pages 673 and 674, the
authors observe that:
Galanthamine (1, scheme 1), a long-acting, centrally-
active competitive cholinesterase inhibitor, has shown
considerable promise. This natural product, an alkaloid
of the Amaryllidaceae family, is hydrolysis-resistant,
only moderately toxic, and more readily absorbed than
physostigmine. The animal data suggest that this
compound might be effective in treating the central
cholinergic deficits in Alzheimer's disease. A recent
clinical trial found that 1 was a well-tolerated drug
during long term treatment. [cites to the bibliography
omitted]3
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
Whether or not the results of the clinical trial have3
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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