Ex Parte BREITNER et al - Page 2



                Appeal No. 2003-0865                                                  Page 2                  
                Application No. 09/300,789                                                                    

                      ii) administering to said individual an amount of a nonsteroidal anti-                  
                inflammatory agent sufficient to effect said prevention or delay; and                         
                      iii) monitoring said individual for the development of clinical symptoms of             
                said disease or disorder.                                                                     
                      11.  A method of preventing or delaying the onset of Alzheimer's disease                
                or related neurodegenerative disorder. The method comprises:                                  
                      i)   identifying an individual at risk of developing                                    
                      the disease or disorder;                                                                
                      ii)   administering to the individual an amount of a                                    
                      histamine H2 receptor blocking agent sufficient to effect                               
                      the prevention or delay; and                                                            
                      iii)   monitoring the individual for the development of                                 
                      clinical symptoms of the disease or disorder.                                           
                      23.    A method of preventing or delaying the onset of Alzheimer's disease              
                or related neurodegenerative disorder comprising:                                             
                      i)   identifying an individual at risk of developing the disease or disorder;           
                      ii)   administering to the individual an amount of an agent that inhibits               
                excitotoxic neuronal cell death sufficient to effect the prevention or delay; and             
                      iii)   monitoring the individual for the development of clinical symptoms of            
                said disease or disorder.                                                                     
                      The examiner does not rely on any references.                                           
                      Claims 1-23 and 26 stand rejected under 35 U.S.C. § 101 as lacking                      
                utility, and claim 23 stands rejected under 35 U.S.C. § 112, first paragraph, as              
                nonenabled.                                                                                   
                      We reverse both rejections.                                                             









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