Appeal No. 2006-1245 Page 3
Application No. 10/294,106
forth therein. However, in response to a species election requirement, Appellants
elected to prosecute claims directed to in vivo treatment methods. Office Action of
February 10, 2003, page 4. Moreover, on page 2 of Appendix A of the Appeal Brief,
Appellants provide the parenthetical descriptor “(non elected species)” with the
recitation of claim 4. Thus, because claim 4 is directed to in vitro inhibition of the COX-2
enzyme, which is non-elected subject matter, claim 4 is not a part of this appeal.
Claims 1, 3, 5, 15 and 16 are therefore the subject of this appeal, and read as
follows:
1. A method for selectively inhibiting COX2 enzyme relative to COX1
enzyme in a system containing the enzymes which comprises providing an
effective amount of at least one withanolide selected from the group consisting of
physagulin D (1→6)-β-D-glucopyranosyl-(1→4)-β-D-glucopyranoside; 27-O-β-D-
glucopyranosyl physagulin D; 27-O-β-D-glucopyranosyl viscosalactone B; 4, 16-
dihydroxy-5β, 6β-epoxyphysagulin D; and, 4-(1-hydroxy-2,2-dimethylcyclo-
propanone)-2, 3-dihydrowithaferin A so as to produce the COX2 inhibition.
3. A method for selectively inhibiting COX2 enzyme relative to COX1
enzyme which comprises providing an effective amount of at least one
withanolide selected from the group consisting of physagulin D (1→6)-β-D-
glucopyranosyl-(1→4)-β-D-glucopyranoside; 27-O-β-D-glucopyranosyl
physagulin D; 27-O-β-D-glucopyranosyl viscosalactone B; 4, 16-dihydroxy-5β,
6β-epoxyphysagulin D; and, 4-(1-hydroxy-2,2-dimethylcyclo-propanone)-2, 3-
dihydrowithaferin A in a pharmaceutically acceptable carrier in vivo to a mammal
in need thereof so as to produce the COX2 inhibition.
5. The method of claim 1 wherein the inhibition is in vivo in a mammal.
15. A method for selectively inhibiting COX2 enzyme relative to COX1
enzyme which comprises providing an effective amount of a compound selected
from the group consisting of compounds physagulin D (1→6)-β-D-
glucopyranosyl-(1→4)-β-D-glucopyranoside; 27-O-β-D-glucopyranosyl
physagulin D; 27-O-β-D-glucopyranosyl viscosalactone B; 4, 16-dihydroxy-5β,
6β-epoxyphysagulin D; and, 4-(1-hydroxy-2,2-dimethylcyclo-propanone)-2,3-
dihydrowithaferin A; and, mixtures thereof and a compound selected from the
group consisting of 2, 3-dihydrowithaferin A; viscosalactone B; 23, 24-
dihydrowithaferin A; sitoindoside IX; physagulin D; withanoside IV; withaferin A;
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