Appeal No. 1997-2741
Application 08/213,873
The claims are drawn to a method of treating conditions associated with
ß-amyloid peptide, including Alzheimer’s disease and Down’s syndrome, by
administering one of a class of benzylidene rhodanine compounds. The
examiner has rejected the claims under 35 U.S.C. § 112, first paragraph, on the
basis that the specification does not enable practice of the full scope of the
claimed invention without undue experimentation.
We reverse.
Background
As stated in Appellants’ specification, aberrant production of ß-amyloid
peptide is associated with various disorders, including Alzheimer’s disease,
Down’s syndrome, and advanced aging of the brain. See pages 1-2 and 99.
The specification also states that the protease cathepsin D appears to be
involved in the processing of ß-amyloid peptide and the formation of associated
plaques, and that inhibition of cathepsin D reduces ß-amyloid plaques. Pages
3-4. Accordingly, Appellants claim a method of treating a disease associated
with ß-amyloid peptide by administering to a patient a benzylidene rhodanine
compound which is disclosed to inhibit cathepsin D.
Discussion
As understood, the examiner rejected the claims because the specification
provides insufficient guidance to enable a person of ordinary skill in the art to
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