Ex Parte Duncan - Page 2

                Appeal 2007-2254                                                                                 
                Application 10/383,115                                                                           

                tetracycline compound” (Specification 2).  Examples of tetracycline                              
                compounds include doxycycline and minocycline (id. at 3).                                        
                       The Specification states that the “maximal dosage [of the tetracycline                    
                compound] for a subject is the highest dosage, which does not cause                              
                undesirable or intolerable side effects” (id. at 5).  The Specification                          
                contemplates “doses from about 0.1 mg/kg/day to about 45 mg/kg/day, and                          
                suitably, from about 1 mg/kg/day to about 18 mg/kg/day” (id.).                                   
                                                DISCUSSION                                                       
                1.  CLAIMS                                                                                       
                       Claims 1-3, 7, 9, 14, 15, 17, 20, 21, 30, 31, 47, and 48 are pending and                  
                on appeal.  The claims have not been argued separately and therefore stand                       
                or fall together.  37 C.F.R. § 41.37(c)(1)(vii).  We will focus on claim 1,                      
                which is representative and reads as follows:                                                    

                1. A method of treating Alzheimers’ disease comprising administering to                          
                a mammal in need thereof a tetracycline compound formula (I)                                     














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