Appeal No. 1996-3326
Application No. 08/063,067
of the claimed method. The compounds of Nichol may be used to
treat “orthostatic hypotension” and other diseases caused by a
deficiency of catecholamines and serotonin (column 1, lines 6-
16; column 3, lines 1-5; and column 4, lines 55-61). Thus
Nichol is not concerned with hypotension due to cytokine
therapy or bacterial endotoxins. Spada does not disclose
treatment of hypotension but is directed to compounds with
cardiotonic properties (column 1, lines 9-16; lines 35-37;
column 2, lines 45-47; and column 14, lines 40-42).
The examiner finds that Ayling teaches “various methods
by which pterion [sic] cofactors mediate the enzyme systems
responsible for biological nitric oxide production.” (Answer,
page 5). As noted by appellant on page 23 of the Brief,
Ayling is directed to treating conditions stemming from a
deficiency in tetrahydrobiopterin by providing a substitute
and does not suggest blocking its induction (see Ayling, page
16).
For the foregoing reasons, we determine that the
examiner’s conclusion of obviousness is not supported by the
facts. Therefore the examiner has not presented a prima facie
case of obviousness. In view of this determination, we need
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