Appeal No. 1997-1705
Application 08/211,352
to botulinum toxin A as botulinum toxin (page 1186), and
teaches that “[t]he therapeutic scope of botulinum toxin has
continued to expand, and it now includes a variety of
neurologic disorders associated with
inappropriate muscular contractions or spasms” (page 1187). 2
These teachings, taken together, would have provided one of
ordinary skill in the art with motivation to administer
botulinum toxin A to a child who is less than seven years old
to treat the child for muscle contractures due to cerebral
palsy.
The remaining question is whether one of ordinary skill
in the art would have had a reasonable expectation of success
in carrying out such treatment, i.e., whether there would have
been a reasonable expectation of the absence of detrimental
side effects which would have prevented the treatment from
being useful. Under “Other Potential Indications” (page
2 The clinical activity for blocking the release of
synaptic vesicles containing acetylcholine recited in
appellant’s claim 17 is an inherent characteristic of
botulinum toxin A as indicated by Jankovic (page 1186).
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