Appeal No. 1997-3135 Application 08/208,497 The active ingredient 2-phenyl-3-oxo-2H-1,4-benzothiazine compounds are spelled out by way of chemical formula in claim 9 on appeal. According to the examiner, Fujita discloses that applicants' 2-phenyl-3-oxo-2H-1, 4- 2+ benzothiazine compounds are Ca antagonists or calcium channel blockers. The examiner argues that Abelson discloses the use of calcium channel blockers for treating glaucoma by the sustained reduction of intraocular pressure in humans. The examiner concludes that the combined disclosures of Fujita and Abelson would have led a person having ordinary skill to the claimed invention because: (1) it was known, at the time the invention was made, that applicants' 2-phenyl-3-oxo-2H-1,4-benzothiazine compounds were calcium channel blockers (Fujita); (2) it was known that calcium channel blockers were useful for treating glaucoma by the sustained reduction of intraocular pressure in humans (Abelson); and (3) therefore, it would have been obvious to a person having ordinary skill in the art to use applicants' 2-phenyl-3-oxo-2H-1,4-benzothiazine compounds for treating glaucoma by administering an effective amount of such compound in combination with a pharmaceutically acceptable diluent or carrier to a patient suffering from glaucoma. We disagree. The examiner's argument is flawed because it is unsupported by evidence of record. The examiner's position to the contrary, notwithstanding, Abelson does not disclose using calcium channel blockers, generically, for treating glaucoma. Rather, 4Page: Previous 1 2 3 4 5 6 7 8 9 NextLast modified: November 3, 2007