Ex Parte Belanoff - Page 2

                Appeal  2007-1155                                                                                
                Application 10/230,575                                                                           


                                              INTRODUCTION                                                       
                       The claims are directed to a method of inhibiting cognitive                               
                deterioration in an adult patient with Down’s syndrome but without                               
                dementia.  Claim 1 is illustrative:                                                              

                1. A method of inhibiting cognitive deterioration in an adult patent                             
                with Down’s syndrome but without dementia, the method comprising the                             
                step of administering to the patient an amount of a glucocorticoid receptor                      
                antagonist effective to inhibit cognitive deterioration, with the proviso that                   
                the patient be not otherwise in need of treatment with a glucocorticoid                          
                receptor antagonist.                                                                             

                       The Examiner relies on the following prior art references to show                         
                unpatentability:                                                                                 
                Schatzberg (‘596)  WO 9959596  Nov. 25, 1999.                                                    
                Schatzberg (‘046)  US 6,369,046 B1  Apr. 9, 2002.                                                
                Schatzberg (‘802)  US 6,620,802 B1  Sep. 16, 2003.                                               
                Yoshiki Sekijima et al., “Prevalence of Dementia of Alzheimer Type and                           
                Apolipoprotein E Phenotypes in Aged Patients with Down’s Syndrome,”                              
                European Neurology, Vol. 39, No. 4, pp. 234-237 (1998).                                          
                       The rejections as presented by the Examiner are as follows:                               
                1.  Claims 1-15 stand rejected under 35 U.S.C § 103(a) as unpatentable over                      
                the combination of Schatzberg ‘596 and Sekijima.                                                 
                2.  Claims 1-15 stand rejected under the judicially created doctrine of                          
                obviousness-type double patenting as being unpatentable over claims 1-13 of                      
                Schatzberg‘802.                                                                                  




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