Appeal No. 1997-2829
Application No. 08/456,090
the dosage, e.g., the amount, frequency and duration of
baclofen required to suppress coughing, such as that induced
by ACE inhibitors. (If a headache persists after
administering a single dosage of aspirin, more aspirin is
usually taken until the headache is gone.)
The rejection of claims 1-6 under 35 U.S.C. § 103 over
Kreutner is affirmed.
4. Appellant argues that claim 13 is patentable for the
following reasons:
a. Claim 13 recites administering from 10 to 30 mg daily
of baclofen for about three days to suppress the cough
associated with the administration of an ACE inhibitor; and
b. The Rule 132 Declaration provides evidence that
baclofen has no effect on ACE inhibitor induced coughing until
three days have elapsed. See Brief, Paper No. 10, paragraph
bridging pages 4 and 5.
However, as set forth in section VI-B2, supra, Kreutner
discloses that baclofen can be administered from 5 to 5000
mg/day, preferably from 10 to 1000 mg/day, to achieve relief
of cough (Kreutner, col. 3, lines 53-57). Appellant at page
3, lines 21-23 of the Brief, acknowledges that this "embraces"
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