Ex Parte LANZARA - Page 2




              Appeal No. 2001-1437                                                                                     
              Application No.  08/764,145                                                                              
                     Claim 1 is representative of the claims on appeal and reads as follows.                           
                     1.  A formulation that elicits a desired response from cellular receptors and                     
              prevents subsequent desensitization of said receptors comprising an agonist suitable                     
              for eliciting said response in a first amount effective for binding to said receptors in both            
              a high and a low affinity state effective for obtaining said response mixed with an                      
              inhibitor of said agonist specific to said receptors, said inhibitor in a second amount                  
              sufficient to prevent desensitization of said receptor, said second amount being                         
              Ki(KDLKDH/2)-½ of said first amount, where KDL and KDH are dissociation constants of said                
              agonist in low and high affinity states, respectively, and Ki is the dissociation constant of            
              said inhibitor.                                                                                          

                     The references relied upon by the examiner are:                                                   
              Geoffroy, M. et al. (Geoffroy), “Reduction of Desensitization of a Glutamate Ionotropic                  
              Receptor by Antagonists,” Molecular Pharmacology, Vol. 39, pp. 587-591 (1991)                            
              Fernandes, L.B., et al. (Fernandes), “$-Adrenoceptor desensitization in guinea-pig                       
              isolated trachea,” European Journal of Pharmacology, Vol. 15, pp. 135-145 (1988)                         

              Grounds of Rejection                                                                                     
                     Claims 1-5 stand rejected under 35 U.S.C. § 102(b) as anticipated or in the                       
              alternative under 35 U.S.C. § 103(a) as obvious in view of Geoffroy.                                     
                     Claims 1-5 stand rejected under 35 U.S.C. § 102(b) as anticipated or in the                       
              alternative under 35 U.S.C. § 103(a) as obvious over Fernandes.                                          
                     We reverse these rejections.                                                                      








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