Appeal No. 1997-2829
Application No. 08/456,090
teach that it is necessary to continue the administration of
baclofen beyond three days to provide relief from ACE
inhibitor induced coughing (Brief, page 3, lines 11-21).
However, appealed claim 1 does not require the continuous
administration of baclofen beyond three days. Claim 1 merely
recites that baclofen be administered for "a sufficient period
of time to suppress the cough associated with the
administration of the ACE inhibitor." Appellant cannot rely
on limitations that are not present in the claims. See In re
Yamamoto, 740 F.2d 1569, 1571, 222 USPQ 934, 936 (Fed. Cir.
1984).
Further, even if claim 1 did require the continuous
administration of baclofen beyond three days, that limitation
would have been obvious to a person having ordinary skill in
the art in view of the teachings of Kreutner. As set forth in
section VI-B2, supra, Kreutner teaches that determination of
the proper dosage of baclofen for a particular situation is
within the skill of the art. The amount and frequency of the
administration of baclofen will be regulated according to the
judgment of the attending clinician with respect to the age,
condition and size of the patient, and the severity of the
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