Appeal 2007-0860
Application 10/148,535
administering to a patient in need of such treatment an effective amount of l-
threo-methylphenidate in substantially single enantiomer form.
2. The method, according to claim 7, wherein the condition that is
treated is epilepsy.
3. The method, according to claim 7, wherein the condition that is
treated is bipolar disorder.
The Examiner relies on the following references:
Harris WO 97/27176 Jul. 31, 1997
Gross-Tsur et al. “Epilepsy and attention deficit hyperactivity disorder: is
methylphenidate safe and effective?” The Journal of Pediatrics, 1997
Vol. 130(4), pp. 670-74.
Carlson et al. “The effects of methylphenidate and lithium on attention and
activity level,” J. Am. Acad. Child Adolesc. Psychiatry, 1992, Vol. 31(2), pp.
262-70.
We reverse.
DISCUSSION
Claims 2 and 7 stand rejected under 35.U.S.C. § 103(a) as being
obvious over the combination of Harris and Gross-Tsur.
Harris is cited for teaching single isomer methylphenidate, in either
the d or l form (Answer1 4). Harris is also cited for teaching a method of
treating narcolepsy using a single enantomeric form of methylphenidate
(id.). According to the Examiner, “Harris . . . does not teach expressly the
employment of methylphenidate for treating epilepsy patients.” (Id.)
1 All references to the “Answer” are to the Examiner’s Answer mailed June
26, 2006.
2
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