Appeal No. 1997-2829
Application No. 08/456,090
B. Rejection of claims 1-6 and 13 under 35 U.S.C. § 103
as unpatentable over Kreutner in view of appellant’s admission
in the specification, page 1, first paragraph.
1. The claimed subject matter is drawn to a method for
suppression of coughing associated with the administration of
an ACE inhibitor, which comprises administering an ACE cough
suppressing amount of baclofen for a sufficient period of time
to suppress the cough.
2. Kreutner teaches a method for treating cough in
mammals by administrating an antitussive effective amount of
baclofen. Kreutner, col. 1, line 65, to col. 2, line 4.
Kreutner teaches that baclofen, when used orally, parenterally
or topically, can be administered in amounts ranging from
about 0.1 mg/kg body weight to about 100 mg/kg body weight,
preferably from about 0.3 mg/kg body weight to about 25 mg/kg
body weight per day. A typical recommended dosage regimen is
oral administration of from 5 mg/day to 5000 mg/day,
preferably 10 mg/day to 1000 mg/day, in two or four divided
doses to achieve relief of cough. Kreutner, col. 3, lines 48-
57. Kreutner teaches that the determination of the proper
dosage of baclofen for a particular situation is within the
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