Ex parte WOLDEMUSSIE et al. - Page 3




            Appeal No. 95-4823                                                                                
            Application 07/856,012                                                                            



                                           DECISION ON APPEAL                                                 
                   This is an appeal under 35 U.S.C. § 134 from the final rejection of claims 11, 12,         
            14, 17, 19, 21, and 22, all the claims remaining in the application.  Claims 11 and 14 are        
            illustrative of the subject matter on appeal and read as follows:                                 
                   11.  A method of treating animals of the mammalian species, including humans, for          
            the purpose of reducing intraocular pressure in the eye of the mammal, the method of              
            treatment comprising the steps of administering to the mammal an ophthalmic solution              
            which comprises as its active ingredient one or more gamma aminobutyric acid agonist              
            compounds and wherein the active ingredient is present in the range of approximately 0.1          
            to 5 per cent weight by volume.                                                                   
                   14.  A method of treating animals of the mammalian species, including humans, for          
            the purpose of reducing intraocular pressure in the eye of the mammal, the method of              
            treatment comprising the steps of administering to the mammal an ophthalmic                       
            composition in the form of eye droplets which comprises as its active ingredient one or           
            more gamma aminobutyric acid agonist compounds selected from a group consisting of:               
                   gamma aminobutyric acid (GABA),                                                            
                   5-(aminomethyl)-3(2H)-isoxazolone (muscimol),                                              
                   4,5,6,7-tetrahydroisoxazolopyridin-3-ol (THIP) and a pharmaceutically acceptable           
            salt of 4,5,6,7-tetrahydroisoxazolopyridin-3-ol,                                                  
                   piperidine-4-sulfonic acid and a pharmaceutically acceptable salt of piperidine-4-         
            sulfonic acid,                                                                                    
                   3-(2H)-isothiazolone, 5-(aminomethyl) (thiomuscimol),                                      
                   7-chloro-1-5-(2-fluorophenyl)-1,3-dihydro-2H-1,4-benzodiazaepin-2-one                      
            (flurazepam) and a pharmaceutically acceptable salt of 7-chloro-1-5-(2-fluorophenyl)-1,3-         
            dihydro-2H-1,4-benzodiazaepin-2-one, and                                                          
                   7-chloro-N-methyl-5-phenyl-3H-1,4-benzodiazepin-2-amine 4-oxide                            
            (chlordiazepoxide) and a pahrmaceutically acceptable salt of 7-chloro-N-methyl-5-                 
            phenyl-3H-1,4-benzodiazepin-2-amine 4-oxide the concentration of the gamma                        
            aminobutyric acid agonist in the eye droplets being in the range of approximately 0.1 to 5        
            per cent, weight by volume.                                                                       


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