Appeal No. 1997-3135
Application 08/208,497
Abelson et al. (Abelson), “Sustained Reduction of Intraocular Pressure in Humans With the
Calcium Channel Blocker Verapamil,” American Journal of Ophthalmology, Vol. 105, pp.
155-59 (Feb. 1988)
The issue presented for review is whether the examiner erred in rejecting claims 9-
14 and 21-29 under 35 U.S.C. § 103 as unpatentable over the combined disclosures of
Fujita and Abelson.
Our deliberations in this matter have included evaluation and review of the following
materials: (1) the instant specification, including all of the claims on appeal;
(2) applicants' Appeal Brief and Reply Brief; (3) the Yamauch declaration, filed under the
provisions of 37 CFR § 1.132, dated November 14, 1994; (4) the Examiner's Answer and
the communication mailed by the examiner March 19, 1996; and (5) the above-cited
references relied on by the examiner.
On consideration of the record, including the above-listed materials, we reverse the
examiner's rejection under 35 U.S.C. § 103.
DISCUSSION
The appealed claims relate to a method for treating glaucoma by
administering an effective amount of a therapeutic agent comprising, as the active
ingredient, a specified 2-phenyl-3-oxo-2H-1,4-benzothiazine compound and a
pharmaceutically acceptable diluent and/or carrier to a patient suffering from glaucoma.
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