Appeal No. 2001-1030 Page 4
Application No. 09/159,334
(Fed. Cir. 1988). Obviousness is determined in view of the sum of all of the
relevant teachings in the art, not isolated teachings in the art. See In re
Kuderna, 426 F.2d 385, 389, 165 USPQ 575, 578 (CCPA 1970); see also In re
Shuman, 361 F.2d 1008, 1012, 150 USPQ 54, 57 (CCPA 1966). In assessing
the teachings of the prior art references, the examiner should also consider
those disclosures that may teach away from the invention. See In re Geisler,
116 F.3d 1465, 1469, 43 USPQ2d 1362, 1365 (Fed. Cir. 1997).
Martenson studied the potential use of Olsalazine, a drug designed to
deliver 5-aminosalicylate (5-ASA) to the bowel, for the prevention of radiation-
induced bowel toxicity, as olsalazine is effective in the treatment of ulcerative
colitis. See Martenson, page 300. The trial was terminated early because it was
found that subjects randomized to 5-ASA had increased incidence of proctitis.
The investigators concluded that
[t]hese three studies are strikingly different from the experience
with olsalazine in nonirradiated patients and suggest a possible
adverse reaction between 5-ASA and pelvic irradiation. Our results
do not suggest that the indications for use of olsalazine in
inflammatory bowel disease should be modified.
Martenson, page 302.
Resbeut performed a double blind study to determine the efficacy of
mesalazine (5-ASA) in the prevention of acute radiation enteritis. While noting
that 5-ASA is used to treat inflammatory bowel disease, the reference concludes
that is does not prevent acute radiation enteritis diarrhea. See Resbeut, page
62.
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