Appeal No. 1997-2829
Application No. 08/456,090
13. A method for the suppression of the cough which is
associated with the administration of an ACE inhibitor which
comprises administering from 10 to 30 mg daily of baclofen for
a period of time, which is about three days, in order to
suppress the cough associated with the administration of the
ACE inhibitor.
III. References
The references relied on by the examiner are:
Kreutner et al. (Kreutner) 5,006,560 Apr. 9, 1991
A. J. Houston et al. (Houston), 112 British Journal of
Pharmacology, Proceedings Supplement, 264 (May 1994)
IV. Claim groupings
In the Appeal Brief (Paper No. 10, page 2), appellant
sets forth these claim groupings:
Claims 1-6 stand or fall together.1
Claims 7-12 stand or fall together.
Claim 13 stands or falls separately.
1Claim 6 does not positively recite the step of
administering baclofen. Thus, claim 6 appears to be improper.
In view of our disposition of this appeal, since claim 6
stands or falls with claim 1, we find it unnecessary to enter
a new ground of rejection under 37 CFR § 1.196(b). However,
if prosecution is resumed on this subject matter in a
continuing application, the examiner should determine whether
claim 6 meets the statutory requirements under 35 U.S.C. § 101
and 35 U.S.C. § 112, second paragraph.
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