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Biotech / Medical : Indications -- Stroke -- Ignore unavailable to you. Want to Upgrade?


To: Miljenko Zuanic who wrote (41)3/29/2004 7:42:33 PM
From: Peter H. Proctor  Read Replies (1) | Respond to of 70
 
MZ asks: "Please tell as where is word *systemic* incorporated in your 502 patent claims?"

Dr P Answers: "Parenteral" means "systemic" in doctor talk.

Thus, claim one from the '502 patent below covers general use, while claim 2 covers topical use.

"1. A method for reducing the amount of oxygen and hydroxyl free radicalism tissue of an organism comprising the step of:

administering a nitrone or nitroso spin trap to the tissue in an amount effective to inhibit the free radicals, wherein the spin trap is selected from N-t-butyl-.alpha.-phenylnitrone, 3,5-dibromo-4-nitrosobenzenesulfonic acid, 5,5-dimethyl-1-pyrroline N-oxide, 2-methyl-2-nitrosopropane, nitrosodisulfonic acid, .alpha.-(4-pyridyl-1-oxide)-N-t-butylnitrone, 3,3,5,5-tetramethylpyrroline N-oxide, and 2,4,6-tri-t-butylnitrosobenzene.

2. The method of claim 1, wherein the administration is topical."

Further, one of the examples in the '502 patent is for systemic use.

MZ states:"I do not see strong claims that you may claim IP on PBN-disulfate derivative and its use in stroke or other neuro-degenerative diseases." and "Here PBN does not cover PBN-derivative that makes it systemic possible."

Look up "doctrine of equivalents". As a general rule, you don't have to put every possible chemical structure in a patent, just illustrative ones. BTW, Every element of Cerovive ( the disulfonic acid derivative of PBN )is contained in the '502 patent (at nitrone.com ), so this is an easy one under doctrine of equivalents. Hint: read the '502 patent list of spin traps above very carefully.

Also, the patent specifically includes stroke and reperfusion injury and other neurological diseases. Sic:

"PBN can also be useful by topical, oral or parental administration in ameliorating the rate of protein oxidation, DNA scission, cell viability loss, and the like in the tissue of internal organs such as the heart and brain; and ameliorating capillary loss, tissue atrophy characterized by a decrease in collagen and/or elastin and a decreased number, size and reproduction potential of fibroblasts, and strengthening the dermal-epidermal junction in skin; ischemic reperfusion injury secondary to myocardial infarction, stroke and surgical procedures; wound healing, for example, in burns and diabetic ulcerations; inflammatory and degenerative diseases such as rheumatoid arthritis, lupus and the like; fibrotic diseases such as Peyronie's disease, scarring, pulmonary fibrosis, and vitreous fibrosis; prevention of free-radical-induced vascular damage such as in atherosclerosis; other free radical diseases as outlined in Proctor et al., "Free Radicals and Disease in Man," Physiological Chemistry and Physics and Medical NMR, volume 16, pp. 175-195 (1984) ( at nitrone.com ) which is hereby incorporated herein by reference; and the like."

BTW, "Incorporated by reference" means exactly what it says. The patent office allows inventors this and the "doctrine of equivalents" partially to save paper.

Peter H. Proctor, PhD, MD
nitrone.com

"Cerovive" is the registered trademark of Astrazeneca for the stroke drug PBN disulfonicacid.