Appeal No. 2003-0736 Page 2
Application No. 09/720,007
Field et al. (Field), “Gabapentin (neurontin) and S-(+)-3-isobutylgaba represent a
novel class of selective antihyperalgesic agents,” British Journal of
Pharmacology, Vol. 121, pp. 1513-1522 (1997)
Weizel et al. (Weizel), ”Use of Gabapentin in Pain Management,” The Annals of
Pharmacotherapy, Vol. 31, pp. 1082-1083 (1997)
Claims 1-9 stand rejected under 35 U.S.C. § 103 as obvious in view of
Singh, Wetzel and Field.
We reverse.
Background
“Renal colic is commonly known as kidney stones.” Specification, page 2.
Kidney stones are “crystalline in structure, often with sharp edges that resemble
small pieces of broken glass.” Id., page 3. “The passage of these crystalline
fragments is so painful that it is proverbially known as the male equivalent of
‘child birth or labor.’ . . . [T]he pain is so incapacitating that patients are often
started on narcotic pain relievers.” Id., page 2.
The specification discloses that analogs of gamma-aminobutyric acid
(GABA) are known agents used in antiseizure therapy and to treat neuropathic
pain. Page 1. A prior art reference also disclosed that they were useful in
treating a variety of conditions, including pain, although it did not specify what
forms of pain were to be treated. Id.
The specification discloses a method of alleviating the pain associated
with kidney stones by “administering to a subject suffering from such pain an
effective amount of a GABA analog.” Page 3. Any GABA analog is appropriate,
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