Appeal No. 1997-2829
Application No. 08/456,090
baclofen can inhibit chemically, mechanically, or
electrically-induced cough (Kreutner, col. 6, lines 45-51).
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.
The examiner concludes that a person having ordinary
skill in the art would have found it obvious to employ
baclofen in treating coughs induced by ACE inhibitors because:
(1) the antitussive activity of baclofen is broadly known in
the art, as acknowledged by appellant in the specification,
page 1,
lines 14-20; (2) baclofen has unexpectedly surprising activity
as an antitussive agent, Kreutner, col. 1, lines 65-67; (3)
baclofen has demonstrated cough suppressing activity
significantly (about 14 to 40 times) better than codeine in
the tests performed by Kreutner, Kreutner, col. 3, lines 2-5;
col. 6, lines 8-12; (4) administering baclofen in an
antitussive effective amount avoids the possible side effects
caused by GABA-A agonism, such as motor-incoordination,
confusion, light-headedness, and other adverse psychomotor and
-9-
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