Ex Parte Duncan - Page 3

                Appeal 2007-2254                                                                                 
                Application 10/383,115                                                                           

                wherein R1 is H, CH3 or OH and R2 is H or OH, or R1 and R2 taken together                        
                are =CH2, R3 and R4 are H or OH and R5 is H, CI or N(CH3)2, in an amount                         
                effective to inhibit or reduce amyloid plaque formation                                          

                2.  REFERENCES                                                                                   
                       The Examiner relies on the following references:                                          
                Amin    U.S. 5,919,775    Jul. 6, 1999                                                           
                Andréa C. LeBlanc et al., Processing of Amyloid Precursor Protein in                             
                Human Primary Neuron and Astrocyte Cultures, J. of Neurochemistry 1183-                          
                1190 (1997) (“LeBlanc”).                                                                         
                Juha Yrjänheikki et al., Tetracyclines inhibit microglial activation and are                     
                neuroprotective in global brain ischemia, 95 Proc. Natl. Acad. Sci. USA                          
                15769-15774 (December 1998) (“Yrjänheikki”).                                                     

                3.  OBVIOUSNESS                                                                                  
                       Claims 1-3, 7, 9, 14, 15, 17, 20, 21, 30, 31, 47, and 48 stand rejected                   
                under 35 U.S.C. § 103 as obvious over Amin and Yrjanheikki in view of                            
                LeBlanc.1  The Examiner relies on Amin for teaching “the administration of                       
                tetracycline compounds to treat various inflammatory conditions                                  
                characterized by nitric oxide production,” including Alzheimer’s disease                         
                (Answer 4).  The Examiner argues that the “tetracycline compounds                                
                contemplated are disclosed in column 3 and . . . [include minocycline and                        
                doxycycline,]” and that “[o]ptimal dosages are disclosed in column 8,                            
                lines 59-66, which overlap with those recited in instant claims 14 and 15”                       
                                                                                                                
                1 The Examiner relies on Yrjänheikki and LeBlanc for teaching limitations                        
                of claims other than claim 1.  However, because Appellant has not                                
                separately argued the claims, we need not discuss these references.                              
                                                       3                                                         

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