Ex Parte TULLY et al - Page 2


                  Appeal No. 2003-0835                                                           Page 2                    
                  Application No. 09/419,371                                                                               

                         and said repressor is a CREB/CREM/ATF-1 subfamily member                                          
                         associated with blocking of long term memory.                                                     
                         15.    A method for assessing the effect of a drug on long term                                   
                         memory formation comprising:                                                                      
                                a) administering said drug to an animal; and                                               
                                b) determining the functional level of activator or repressor in                           
                         said animal relative to the functional level of activator or repressor,                           
                         respectively, in a control animal to which said drug has not been                                 
                         administered, wherein said activator is a CREB/CREM/ATF-1                                         
                         subfamily member associated with potentiation of long tem memory                                  
                         and said repressor is a CREB/CREM/ATF-1 subfamily member                                          
                         associated with blocking of long term memory.                                                     
                         33.    A method for assessing the effect of a drug on long term                                   
                         memory formation comprising:                                                                      
                                a) administering said drug to an animal; and                                               
                                b) determining the functional level of a homodimer of a                                    
                         repressor relative to the functional level of said homodimer present                              
                         in a control animal to which said drug has not been administered,                                 
                         wherein said repressor is an antagonist of a CREB/CREM/ATF-1                                      
                         subfamily member and is associated with blocking of long term                                     
                         memory.                                                                                           
                         Claims 9-20 and 39-50 stand rejected under 35 U.S.C. § 112, second                                
                  paragraph.  In addition, claims 9-20 and 39-50 stand rejected under 35 U.S.C. §                          
                  112, first paragraph, for lack of adequate written description.  Finally, claims 9-20                    
                  and 39-50 stand rejected under 35 U.S.C. § 112, first paragraph, on the basis of                         
                  lack of enablement.  After careful review of the record and consideration of the                         
                  issues before us, we reverse all of the rejections of record.                                            


                                                    BACKGROUND                                                             
                         According to the specification:                                                                   





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