Ex Parte CHO et al - Page 3


                 Appeal No. 2001-2646                                                         Page 3                    
                 Application No. 08/463,951                                                                             

                 released from nerves, and exert a variety of biological actions, which, in most                        
                 cases, depend upon activation of specific receptors expressed on the membrane                          
                 of target cells.”  Id., page 2.                                                                        
                        The specification discloses that the tachykinin known as substance P is                         
                 believed to be “involved in neurotransmission of pain sensations, including the                        
                 pain associated with migraine headaches and with arthritis.”  Id.  Tachykinins                         
                 “have also been implicated in gastrointestinal disorders and diseases of the                           
                 gastrointestinal tract such as inflammatory bowel disease.”  Id.  The specification                    
                 provides an extensive list of other disorders that are disclosed to be “associated                     
                 with an excess of tachykinins.”  See pages 126-129.                                                    
                        Tachykinin receptor antagonists have been the subject of research as                            
                 potential therapeutic agents.  See id., page 2.  “The earliest tachykinin receptor                     
                 antagonists were peptide derivatives.  These antagonists proved to be of limited                       
                 pharmaceutical utility because of their metabolic instability.”  Id., pages 2-3.  The                  
                 specification discloses “a class of potent non-peptide tachykinin receptor                             
                 antagonists.”  Page 3.  The specification provides 177 exemplary compounds                             
                 and shows that they have varying affinities for the NK-1 and NK-2 tachykinin                           
                 receptors when assayed in an in vitro test.  See pages 44-110 (exemplary                               
                 compounds) and pages 111-126 (in vitro binding assays and results).                                    
                                                      Discussion                                                        
                        The claims are directed to compounds corresponding to a subgenus of the                         
                 disclosed class of tachykinin receptor antagonists; specifically, those having a                       
                 piperidinyl or piperazinyl moiety in the R1 position.  The claims also encompass                       





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