Ex parte KOSLEY JR. et al. - Page 15

          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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