Anavex Life Sciences Corp (AVXL)

[indialong]

The Examples in a patent application can be "working examples" or "prophetic examples."

A working example describes results actually obtained and is written in the past tense.

A prophetic example describes results that are anticipated but not yet obtained and is written in the present tense. These are used to obtain an earlier priority date, even though the data/results have not yet been obtained.

The examples in this patent application regarding sleep/seizures/MS are written in the present tense, so they are prophetic examples. Apparently the hope is that the ongoing trials will actually show these results. If they do, the trial data/results can be submitted to the Examiner in the form of a Declaration, to support the earlier submitted prophetic examples.


see MPEP 2164.02 (https://mpep.uspto.gov/RDMS/MPEP/e8r9#/e8r9/d0e215531.html)

see also page 1171 http://law2.wlu.edu/deptimages/law%20review/65-3henry.pdf