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. 2Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
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