Appeal No. 2002-0546 Page 5
Application No. 08/809,379
Facts and Comparisons discusses the actions and indications of oxytocin.
The reference teaches that oxytocin “produce[s] uterine contractions during the
third stage of labor and [ ] control[s] postpartum bleeding or hemorrhage.” Id. at
177h. It also states that oxytocin may be administered intravenously or
intramuscularly for the control of postpartum uterine bleeding. See id. at 118a.
Maternity Nursing notes that “[d]uring the early postpartum period,
pharmacologic agents may be used to promote uterine contractions and
consequently minimize uterine bleeding.” Id. at 871. The reference discusses
the use of methylergonovine maleate to control postpartum bleeding, but also
notes that it should not be used to induce labor. See id. at 872.
We agree with appellant that the combination provides no reasonable
expectation of success of using misoprostol in the third stage of labor to prevent
postpartum hemorrhaging. If one were to interpret the art as suggested by the
rejection, one of ordinary skill would expect agents that produce uterine
contractions to be useful both antepartum for the induction of labor and
postpartum for the control of hemorrhaging. But as taught by Maternity Nursing,
while the agent methylergonovine maleate may be used control postpartum
bleeding, its use is contraindicated for the induction of labor. Therefore, the prior
art demonstrates that there is no reasonable expectation of success of using any
agent that induces uterine contractions for the induction of labor, and thus also
demonstrates that there is no reasonable expectation of success of using any
agent that induces uterine contractions for the control of postpartum
hemorrhaging.
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