Ex Parte AVERBACK - Page 1




                    The opinion in support of the decision being entered today was not written for                       
                                publication and is not binding precedent of the Board.                                   

                                                                                     Paper No. 24                        

                              UNITED STATES PATENT AND TRADEMARK OFFICE                                                  
                                                     __________                                                          
                                   BEFORE THE BOARD OF PATENT APPEALS                                                    
                                               AND INTERFERENCES                                                         
                                                     __________                                                          
                                             Ex parte PAUL AVERBACK                                                      
                                                     __________                                                          
                                                Appeal No. 1999-0494                                                     
                                                Application 08/482,768                                                   
                                                     __________                                                          
                                                      ON BRIEF                                                           
                                                     __________                                                          
              Before WILLIAM F. SMITH, ADAMS, and GRIMES Administrative Patent Judges.                                   
              WILLIAM F. SMITH, Administrative Patent Judge.                                                             
                                               DECISION ON APPEAL                                                        
                     This is an appeal under 35 U.S.C. § 134 from the final rejection of claims 13                       
              through 15 and 17 through 21, all the claims pending in the application.                                   
                     Claims 13, 14, and 15 are representative of the subject matter on appeal and                        
              read as follows:                                                                                           
              13. A composition comprising (a) a therapeutically effective amount of a compound                          
              that inhibits formation of amyloid fibrils when administered, at an in-tissue concentration                
              of about 10-5 M or less, to a test animal that has received an intracerebral injection of                  
              DMS and (b) a pharmaceutically acceptable carrier, wherein said composition is                             
              capable of crossing the blood-brain barrier.                                                               








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