Appeal No. 1997-2829
Application No. 08/456,090
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); and (3) administering baclofen in an
antitussive effective amount avoids the possible side effects
caused by GABA-A agonism (Kreutner, col. 1, lines 42-52; col.
1, line 67, to col. 2,
line 2). As acknowledged by appellant in the specification,
page 1, first paragraph, a persistent, dry cough is often
observed as one of the side effects exhibited by patients
taking ACE inhibitors. In our judgment, the method recited in
appealed claim 1 would have been prima facie obvious to a
person having ordinary skill in the art because that person
would have had a reasonable expectation of successfully
suppressing cough, induced by the administration of an ACE
inhibitor, by administrating baclofen. For obviousness under
35 U.S.C. § 103, all that is required is a reasonable
expectation of success. In re O’Farrell, 853 F.2d 894, 904,
7 USPQ2d 1673, 1681 (Fed. Cir. 1988).
b. Appellant argues that (1) Kreutner does not teach
administering baclofen on a continuous basis before
antitussive activity is observed; and (2) Kreutner does not
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