Appeal No. 2006-0429 Page 4
Application No. 10/348,399
moclobemide, venlafaxine, or phenelzine, their pharmaceutically active
salts and their optical isomers.
4. The pharmaceutical composition according to Claim 1 wherein said
anxiolytic agent is selected from a benzodiazepine or a non-
benzodiazepine anxiolytic, their pharmaceutically active salts and their
optical isomers.
5. The pharmaceutical composition according to Claim 4, wherein the
anxiolytic agents are selected from diazepam, alprazolam, hydroxyzine or
doxepin, their pharmaceutically active salts and their optical isomers.
9. The pharmaceutically composition according to Claim 5, wherein the
anxiolytic agent is doxepin.
Claim 6 depends on claim 1 and recites a list of specific nicotine receptor partial
agonists. Claim 7 depends on claim 6 and recites a subset of the same compounds.
Both lists include 4,5-difluoro-10-aza-tricyclo [6.3.1.02,7] dodeca-2(7),3,5,-triene and its
pharmaceutically acceptable salts.
2. Claims 1-3, 6, and 7
Under the provisions of 37 CFR § 41.50(b), we enter the following new ground of
rejection: claims 1-3, 6, and 7 are rejected under 35 U.S.C. § 103 as obvious in view of
Coe and the PDR Zoloft® entry. Coe discloses a group of aryl fused azapolycyclic
compounds useful in treating a variety of conditions. See page 1, lines 7-22. One of
the disclosed compounds is 4,5-difluoro-10-aza-tricyclo [6.3.1.02,7] dodeca-2(7),3,5,-
triene hydrochloride. Page 6, line 13. Coe teaches that the disclosed compounds “may
also be used in combination with an antidepressant such as, for example, a tricyclic
antidepressant or a serotonin reuptake inhibiting antidepressant (SRI), in order to treat
both the cognitive decline and depression associated with AD [Alzheimer’s disease], PD
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