Appeal No. 1997-2829
Application No. 08/456,090
A. Rejection of claims 7-12 under 35 U.S.C. § 103 as
unpatentable over Kreutner in view of appellant’s admission
in the specification, page 1, first paragraph, and Houston.
1. The claimed subject matter is drawn to a
pharmaceutical composition comprising an “ACE inhibiting
effective amount” of an ACE inhibitor and a sufficient amount
of baclofen to inhibit the cough associated with administering
the ACE inhibitor.
2. To establish prima facie obviousness of the claimed
subject matter, all claim limitations must be taught or
suggested by the prior art. See In re Royka, 490 F.2d 981,
984, 180 USPQ 580, 583 (CCPA 1974). In this case, the prior
art fails to disclose or suggest a composition comprising both
an ACE inhibitor and baclofen.
3. The claimed composition comprises both an ACE
inhibitor and baclofen. Specification, page 2, lines 9-23,
and 30-37.
Kreutner discloses administering baclofen by intravenous or
oral methods, such as a capsule or tablet, to suppress
coughing (Kreutner, col. 4, lines 4-24). However, Kreutner
neither discloses nor suggests a composition comprising both
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