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,
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