Appeal No. 1997-2188
Application 08/137,440
mechanism by which Tacrine functions is believed to be due to4
AChE inhibition. Indeed, Liston et al. comment that they:
conclude that the inhibition of brain AChE by THA is
sufficient to explain its therapeutic action in
Alzheimer's disease. (emphasis ours)
Simply stated, the examiner has failed to present
objective evidence sufficient to cast doubt on the objective
truthfulness of appellants' assertions made in their
specification and on which they rely for enablement. It is
only after the examiner presents evidence which establishes
that one of ordinary skill in the art would reasonably doubt
the assertions made by appellants in their specification in
support of the enablement requirement of the statute that
appellants must rebut the position taken by the examiner.
As we have noted above, on balance, the evidence on which
the examiner has relied gives credence to the objective
truthfulness of appellants' representations rather than casts
doubt on them. Moreover, the examiner has improperly narrowly
construed appellants' claims as limited to the treatment of
Alzheimer's disease. Both the claims and appellants'
disclosure are directed generally to treating a type of memory
1,2,3,4 -tetrahydro-9-aminoacridine, also known as THA.4
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