Appeal No. 2006-1066 Page 3
Application No. 09/810,109
compound, a creatine-containing compound, an adenosine-
containing compound, and an adenosine-elevating compound.
8. The method of claim 1, wherein said cytidine-containing compound
is CDP.
12. The method of claim 11, wherein said human is a child or
adolescent.
13. The method of claim 11, wherein said human is over sixty years of
age.
Claim 1 is directed to a method of treating alcohol dependency by administering
to a mammal a therapeutically-effective amount of an adenosine-elevating compound or
a compound containing cytidine, cytosine, uridine, creatine, or adenosine. Alcohol
dependency is only referred to in the preamble of claim 1. However, in order to treat
alcohol dependency, the mammal being treated must have alcohol dependency. Thus,
the preamble of claim 1 is “necessary to give life, meaning, and vitality” to the claim.
Pitney Bowes Inc. v. Hewlett Packard Co., 182 F.3d 1298, 1305, 51 USPQ2d 1161,
1165-66 (Fed. Cir. 1999). As a result, we interpret the preamble of claim 1 to require
the mammal that is treated to have alcohol dependency.
Claim 8 depends from claim 1 and limits the cytidine-containing compound to
CDP. As drafted, claim 8 further limits only one member of the Markush group of claim
1; that is, the cytidine-containing compound. Claim 8 does not require administering
CDP; it only requires that if a cytidine-containing compound is adminstered, that
compound is CDP. Thus, claim 8 is directed to a method of treating alcohol
dependency by administering any of the following compounds: CDP; a compound
containing cytosine, uridine, creatine, or adenosine; or an adenosine-elevating
compound.
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