Appeal No. 2001-1043 Page 5
Application No. 08/734,738
have shown that the inhibitory effects of MK-801 are not
stereospecific, suggesting that non-specific effects of MK-801
mediated the bladder inhibition. Also, these studies have shown
that MK-801 produces endocrine effects that are dissociated from
its NMDA antagonism. A separate study has shown that the
administration of MK-801 to conscious, freely moving rats produces
an increase in the frequency of micturation.
Thor, col. 2, lines 44-68 (citations omitted).
One of ordinary skill in the art would read this passage, in the context of
the overall disclosure of the use of competitive NMDA antagonists in the
treatment of urinary incontinence, to signify that the inventors have overcome the
problems associated with the use of noncompetitive NMDA receptor antagonists
by using competitive NMDA receptor antagonists. Thus, the ordinary artisan
would read Thor as teaching away from the use of noncompetitive NMDA
receptor antagonists, such as dextromethorphan and dextrophan, in
compositions for the treatment of urinary incontinence. Mayer discloses that
morphinans blocks NMDA receptor activation, but does not remedy the
deficiencies of Thor because Mayer does not speak to the use of morphinans in
treating urinary incontinence. Because one of ordinary skill in the art would read
Thor as teaching away from the use of noncompetitive NMDA receptor
antagonists in the treatment of urinary incontinence, and as neither Meyer nor
the portion of the specification relied upon by the examiner remedy that
deficiency, the rejection does not set forth a prima facie case of obviousness,
and is thus reversed.
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