Appeal No. 1997-3122
Application No. 08/082,848
DECISION ON APPEAL
This is a decision on appeal under 35 U.S.C. § 134 from the examiner’s final
rejection of claims 1 through 9 and 17 through 25. Claims 11 through 16, while still
pending, have been withdrawn from consideration as directed to non-elected subject
matter. Claims 1, 7 through 9 and 17 are representative of the subject matter on appeal
and are reproduced below:
1. A method for inhibiting glutamate-mediated neurotoxicity mediated by N-methyl-
D-aspartate (NMDA) receptors in vascular stroke and neurodegenerative disease
patients, comprising:
administering to a vascular stroke or neurodegenerative disease patient a drug
which upon binding to an immunophilin inhibits calcineurin, in an amount effective to inhibit
glutamate-mediated neurotoxicity mediated by NMDA receptors.
7. The method of claim 1 wherein the patient is a vascular stroke patient.
8. The method of claim 1 wherein the patient is a neurodegenerative disease
patient.
9. The method of claim 8 wherein the neurodegenerative disease is selected from
the group consisting of Huntington’s Disease, Alzheimer’s Disease, and Parkinson’s
Disease.
17. A method for inhibiting glutamate-mediated neurotoxicity mediated by N-
methyl-D-aspartate (NMDA) receptors in vascular stroke and neurodegenerative disease
patients, comprising:
administering to a vascular stroke or neurodegenerative disease patient a drug
which upon binding to an immunophilin inhibits calcineurin, in an amount effective to inhibit
calcineurin.
Claims 1 through 9 and 17 through 25 stand rejected under 35 U.S.C. § 112, first
paragraph as based on a non-enabling disclosure.
We reverse the examiner’s rejection.
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