Appeal No. 1997-1842
Application 08/068,878
Kyncl discloses that the R(+)enantiomer of terazosin hydrochloride dihydrate can
be used in the treatment of diseases characterized by abnormally high levels of "1-
adrenergic activity, which include BPH. Column 2, lines 62-66. Kyncl discloses that
said active ingredient can be administered as a soft-filled gelatin capsule or as a tablet.
Column 7, lines 17-18, 25 and 38-42.
In view of the additional teachings of Roteman and Kyncl, we hold that the
administration of terazosin in the form of a soft-filled gelatin capsule in the chromic
treatment of patients having symptomatic BPH would have been obvious to one of
ordinary skill in the art .
TIME PERIOD FOR RESPONSE
This opinion contains a new ground of rejection pursuant to 37 CFR § 1.196(b)
(amended effective Dec. 1, 1997, by final rule notice, 62 Fed. Reg. 53,131, 53,197 (Oct.
10, 1997), 1203 Off. Gaz. Pat. & Trademark Office 63, 122 (Oct. 21, 1997)). 37 CFR §
1.196(b) provides that, “A new ground of rejection shall not be considered final for
purposes of judicial review.”
37 CFR § 1.196(b) also provides that the appellants, WITHIN TWO MONTHS
FROM THE DATE OF THE DECISION, must exercise one of the following two options
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