Appeal No. 1997-2829
Application No. 08/456,090
symptom being treated (Kreutner, col. 3, line 58 through col.
4, line 3). Moreover, Kreutner discloses that reduction of
cough frequency is dependent on the dose of baclofen. See
Kreutner, Figs. 1A and 1B, and the accompanying text at col.
6, lines 4-21. Thus, the dosage of baclofen is a result-
effective variable, and variation of dosage would be well
within the skill of the ordinary worker in the art. In re
Boesch, 617 F.2d 272, 276,
205 USPQ 215, 219 (CCPA 1980). The persistent administration
of an antitussive agent, such as baclofen, to treat a
persistent cough would have been obvious to a person having
ordinary skill in the art, in particular the attending
clinician.
c. The Rule 132 Declaration of Peter Dicpinigaitis,
filed 14 March 1996 (Paper No. 7), shows that the antitussive
effect of baclofen on the cough induced by an ACE inhibitor is
observed after three days. Declarant concludes that a single
dose of baclofen has no effect on the cough induced by an ACE
inhibitor. Based on the declaration, appellant argues that
continuous administration of baclofen beyond three days
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