Appeal No. 2003-1991 7
Application No. 09/412,258
publication by Taylor et al., Exhibit D, entitled “3-Alkyl GABA and 3-alkylglutamic acid
analogues: two new classes of anticonvulsant agents,” Epilepsy Res., pp. 103-110, Vol.
11 (Elsevier, 1992). We find that Table II on page 106 contains data directed to the
prevention of seizures in mice by low intensity electroshock treatment after administration
of 3-alkyl GABA. We find in this respect that the raw data tabulated in the publication
substantially corresponds to that presented in the declaration before us. We find that in the
original declaration of Charles P. Taylor the evidence submitted was likewise directed to the
evaluation of compounds in protecting rodents, i.e., mice from seizures by being subjected
to low intensity electroshock 2 hours after administration of various test compounds. See
Exhibit A pages 1 and 2.
Turning to page 3 of the declaration of Charles P. Taylor, we find data submitted
regarding the n-propyl analog of isobutyl GABA. We find the data reported in the
declaration at levels of 3.0 mg/kg and 10 mg/kg identical with that of Table II of Exhibit
D in terms of the number of mice wherein the n-propyl analog inhibited seizures. Similarly,
on page 4 of the declaration the data reported for the number of mice wherein the
isopropyl analog inhibited seizures is identical with that of Table II of Exhibit D. The same
findings apply to the n-butyl analog on page 4 of the declaration, with respect to dosages at
the 10mg/kg and 30mg/kg level. Even more significantly, the data for the racemic
isobutyl derivative, declaration page 4, relied upon by the appellants to show
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