Appeal No. 2005-1516
Application No. 09/182,645
glutamate in great quantities when they are deprived of oxygen, as may occur during an
ischemic brain insult such as a stroke or heart attack.” Specification, page 12. “The
stimulation of NMDA receptors, in turn, activates the enzyme neuronal nitric oxide
synthase (NNOS) which causes the formation of nitric oxide (NO) which more directly
mediates neurotoxity.” Specification, page 14.
Procedural History
On Dec. 1, 1999, a restriction and election of species requirement was mailed to
appellants. Appellants elected prosecution of the composition claims and chose lignin
glycoside as the species of PARG inhibitor. Paper No. 9, February 2, 2000. A Final
rejection issued in the application on November 30, 2001, and an Appeal Brief was filed
in response to the Final rejection on May 10, 2002. A new Non-final rejection
reopening prosecution was issued by the examiner on August 7, 2002. Appellants
requested that the original appeal be reinstated. The examiner issued an Answer on
April 21, 2003. A Reply Brief was filed by Appellants on October 10, 2003, responding
to new issues raised in the new Non-final rejection of August 7, 2002.
Enablement
I. Claims 46-49 stand rejected under 35 U.S.C. §112, first paragraph for lack of
enablement of the claims throughout their entire scope. The examiner argues that the
specification does not reasonably provide enablement for PARG inhibitors, in general.
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