Appeal No. 1997-2518
Application 08/359,642
DECISION ON APPEAL
This is an appeal under 35 U.S.C. § 134 from the final rejection of claims
1, 2, 4 and 5, all the claims remaining in the application.
The references relied on by the examiner are:
Patchett at al. (Patchett) 4,483,850 Nov. 20, 1984
Eur. Pat. App. (Henke) 0 370 453 May 30, 1990
Hock et al. (Hock), “Hoe 140 A New Potent and Long Acting Bradykinin-Antagonist: In
Vitro Studies,” Br. J. Pharmacol., Vol. 102, pp. 769-774 (1991).
A reference discussed by the merits panel is:
Stewart et al. (Stewart) 4,923,963 May 8, 1990
Claims 1, 2, 4 and 5 stand rejected under 35 U.S.C. § 112, first paragraph, and
also under 35 U.S.C. § 103. As evidence of obviousness, the examiner relies on
Henke, Hock and Patchett. We reverse both rejections.
BACKGROUND
As explained in the specification, pages 2 through 4:
Bradykinin (BK) is a nonapeptide generated as a result of the activity of
kallikreins, a group of proteolytic enzymes present in most tissues and
body fluids, on kininogens.
Bradykinin, and its physiologically important related peptides . . . exhibit
physiological actions which qualify them as mediators of inflammatory
reactions, hypotensive states, and pain. Bradykinin is overproduced in
pathological conditions such as septic shock, anaphylaxis, rhinitis, asthma
. . .
In addition to its analgesic and proinflammatory effects, bradykinin is a
vasodilator. Because of its ability to lower blood pressure, bradykinin has
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