Appeal No. 1997-2829
Application No. 08/456,090
baclofen and an agent that induces coughing. Houston
discloses injecting a rat with captopril (identified as an ACE
inhibitor at page 2, line 25, of the instant specification);
then injecting baclofen to inhibit water intake induced by
systemic administration of the ACE inhibitor. Houston does
not, however, disclose a composition comprising both baclofen
and an ACE inhibitor. In the specification, page 1, first
paragraph, appellant acknowledges that one of the side effects
often observed in patients taking ACE inhibitors is a
persistent, dry cough that is refractory to most commonly
prescribed cough suppressants.
On this record, the examiner does not point to any
reason, suggestion, or motivation stemming from the prior art
which would have led a person having ordinary skill to a
composition comprising both baclofen and an ACE inhibitor.
Thus, the prior art fails to disclose or suggest the claimed
composition.
The examiner’s decision, rejecting claims 7-12 under
35 U.S.C. § 103, is reversed.
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