Ex parte DICPINIGAITIS - Page 10




          Appeal No. 1997-2829                                                        
          Application No. 08/456,090                                                  


          psychological effects (Kreutner, col. 1, lines 42-52; col. 1,               
          line 67, to col. 2, line 2); and (5) Kreutner strongly                      
          suggests that baclofen can inhibit chemically, mechanically,                
          or electrically-induced cough (Kreutner, col. 6, lines 45-51).              
          The examiner further states that "optimization of amounts of                
          ingredients to be used is deemed within the skill of the                    
          artisan" (Answer, Paper No. 11, paragraph bridging pages 5 and              
          6).                                                                         
               3.  With respect to Group I, claims 1-6, appellant argues              
          the following:                                                              
               a.  Kreutner is silent respecting the treatment of coughs              
          induced by ACE inhibitors ( Brief, page 2, line 28, to page 3,              
          line 4).                                                                    
               However, as set forth in section VI-B2, supra, Kreutner                
          does not limit the source of the cough.  Kreutner strongly                  
          suggests that baclofen can inhibit chemically, mechanically,                
          and electrically-induced cough (Kreutner, col. 6, lines 45-                 
          51). Further, as discussed, supra, Kreutner discloses that (1)              
          baclofen has unexpectedly surprising activity as an                         
          antitussive agent (Kreutner, col. 1, lines 65-67); (2)                      
          baclofen has demonstrated cough suppressing activity                        

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