Appeal No. 1999-1417
Application 08/268,730
With the plethora of new information about the NMDA receptor-ionophore
complex, one tends to forget that non-NMDA receptors can also mediate
excitotoxic events. An instructive case in point is the recent evidence
implicating KA receptors in domoate poisoning in which the resultant
dementia is manifested most prominently in the elderly. Thus, although we
know less about the physiology and makeup of non-NMDA receptors, as
new information becomes available, it will probably lead to the recognition of
new links between both NMDA and non-NMDA receptor-mediated
processes and neuropsychiatric disorders. It is wise, therefore, to keep an
open mind regarding the ultimate significance that can be ascribed to
excitotoxic processes in human neuropsychiatric diseases, and the promise
of anti-excitotoxic strategies for preventing such diseases. [Olney, page 66]
We agree that the in vitro and in vivo studies set forth in applicants’ specification are
limited in scope and insufficient to teach those skilled in the art how to use the full scope of
the claimed invention without undue experimentation.
In the Appeal Brief received October 15, 1996, page 20, second complete
paragraph, applicants state that
The Examiner’s attention is . . . directed to the copy of the Declaration
enclosed with the Proposed Amendment of May 4, 1994, which was
submitted under 37 C.F.R. § 1.132 together with Attachments 1 and 2 and
Enclosures 1 and 2 of said Declaration.
It can be seen that applicants invite attention to declaration evidence submitted in parent
application 07/443,657 without presenting any argument or arguments, with a reasonable
degree of specificity, based on that declaration. In this regard, applicants do not comply
with the pertinent regulations governing practice and procedure before the Board of Patent
Appeals and Interferences. See 37 CFR § 1.192(a) (1996), requiring that appellant’s brief
“set forth the authorities and arguments on which appellant will rely to maintain the appeal.”
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