Appeal No. 1999-1417
Application 08/268,730
or esters or amides of the sialic carboxy groups of said N-acyl-lysogangliosides,
inner esters of said N-acyl-lysogangliosides, peracylated derivatives of said N-acyl-
lysogangliosides, metal salts or organic base salts of said N-acyl-lysogangliosides having
acid groups, acid addition salts of said N-acyl-lysogangliosides and mixtures of said N-
acyl-lysogangliosides is administered to a patient in need of such treatment.
The References
In rejecting claim 74 on prior art grounds, the examiner relies on the following
reference:
Schwarzmann et al. (Schwarzmann), “Lysogangliosides: Synthesis and Use in Preparing
Labeled Gangliosides,” Methods in Enzymology, Vol. 138, pp. 319-341 (1987)
In rejecting claims 76 through 80 on non-prior art grounds, the examiner relies on
the following reference:
Olney, “Excitotoxic Amino Acids and Neuropsychiatric Disorders,” Annu. Rev. Pharmacol.
Toxicol., Vol. 30, pp. 47-71 (1990)
The Issues
The issues presented for review are (1) whether the examiner erred in rejecting
claim 74 under 35 U.S.C. § 103 as unpatentable over Schwarzmann; and (2) whether the
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