Appeal No. 2002-0546 Page 3
Application No. 08/809,379
intravaginally in the third stage of labor,” i.e., administering misoprostol
postpartum.
Facts and Comparisons, according to the statement of the rejection,
“teaches that an agent known to cause uterine contractions and thereby induce
labor antepartum, is also known to be useful at increased dosages to cause
uterine contractions and thereby treat hemorrhaging post partum when firm,
tetanic contractions are known to be beneficial.” Id. at 4. Symonds is cited for
teaching that the postpartum stages of labor include the third and fourth stages,
and that these stages may last up to six hours after delivery. See id.
The rejection concludes:
One of ordinary skill in the art would have found it obvious to
employ any agent known to cause uterine contractions antepartum
to treat postpartum hemorrhaging since the agent would be
expected to cause the firm, tetanic contractions known to be
beneficial postpartum to control hemorrhaging when administered
at an increased dosage.
Examiner’s Answer, pages 4-5.
Appellant argues that “the combination of [the] prior art of record in this
case fails to provide any reasonable expectation of success that oral
administration of misoprostol or administration of misoprostol via pessary or
suppository during the third stage of labor would be effective at inhibiting
postpartum hemorrhaging.” Appeal Brief, page 8.
Appellant asserts that just because a single agent, oxytocin, has been
shown to be useful in the first and second stages of labor, as well as the third
stage, the art provides no reasonable expectation that misoprostol, a different
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