Ex Parte HAIK - Page 2


                    Appeal No.  2002-1874                                                                     Page 2                        
                    Application No.  09/079,329                                                                                             

                        47.          A method of blocking toxic carbonyl containing compounds and/or                                        
                            dicarbonyl containing compounds in a subject suffering from a condition                                         
                            associated with carbonyl containing compounds and/or dicarbonyl                                                 
                            containing compounds by treating blood and/or blood products in a                                               
                            dialysis system for return to the subject comprising administering in the                                       
                            dialysis system a therapeutically effective dose to the subject’s blood                                         
                            and/or blood products of a blocking agent selected from the group                                               
                            consisting of arginine, substituted arginine, or modified arginine.                                             
                        237.         A method of blocking toxic carbonyl containing compounds and/or                                        
                              dicarbonyl containing compounds in a subject suffering from a condition                                       
                              associated with carbonyl containing compounds and/or dicarbonyl                                               
                              containing compounds by treating blood and/or blood products in a                                             
                              dialysis system for return to the subject comprising administering in the                                     
                              dialysis system a therapeutically effective dose of D-arginine to the                                         
                              subject’s blood and/or blood products.                                                                        
                            The examiner relies upon the following references:                                                              
                    Lo et al. (Lo)  “Binding and Modification of Proteins by Methylglyoxal under                                            
                    Physiological Conditions,”  The Journal of Biological Chemistry, Vol. 269, No.51,                                       
                    pp. 32299-32305 (1994)                                                                                                  
                    Khaidar et al. (Khaidar) “L-Arginine Reduces Heart Collagen Accumulation in the                                         
                    Diabetic db/db Mouse,”  Circulation, Vol. 90, pp. 479-483 (1979)                                                        
                    Selwood et al. (Selwood) “Binding of Methylglyoxal to Albumin and Formation of                                          
                    Fluorescent Adducts, Inhibition by Arginine, Na Acetylarginine and                                                      
                    Aminoguanidine,” Biochemical Society Transactions, Vol. 21, AN 489354                                                   
                    p. 170S pp. 32299-32305 (1994)                                                                                          
                            Claims 47-49, 54-57 and 237-240 stand rejected under 35 U.S.C. § 112,                                           
                    first paragraph, on the grounds that the specification does not enable any person                                       
                    skilled in the art to which it pertains, or with which it is most nearly connected, to                                  
                    make and/or use the invention commensurate in scope with the claims.  Claims                                            
                    47-49, 54-57 and 237-240 stand rejected under 35 U.S.C. § 112, second                                                   
                    paragraph, as being indefinite for failing to particularly point out and distinctly                                     

                                                                                                                                            
                    1 In Paper No. 7, appellants elected D-arginine as the species to be examined.                                          





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