Appeal No. 1997-2188
Application 08/137,440
dysfunction in mammals characterized by decreased cholinergic
function. The very art on which the examiner relies suggests
that at the time appellants made their invention, AChE
inhibitors were generally recognized as a class of compounds
suitable for treating illness attributable to decreased
acetylcholine function, including Alzheimer's disease.
The examiner also expresses his belief that the prior art
on which he has relied establishes that there was, at the time
of appellants' invention, no known cure or even treatment for
Alzheimer's disease. In the first instance, as we have stated
above, appellants do not claim either a cure of or even
treatment for Alzheimer's disease but claim a method for
treating a specific type of memory dysfunction. Secondly, the
operative claim term used is "treating" by administration of
the claimed compounds to a mammal. We consider the term
"treating" to encompass a method which results in the
mitigation of any symptom of the condition being treated but
not to encompass "curing" the condition. We also disagree
with the examiner's position that a method of treating a
disease or medical condition must address the underlying
disease or condition. Persons who suffer from allergies such
as hayfever, for example, "treat" their symptoms with
16
Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: November 3, 2007