Appeal No. 2003-0736 Page 3
Application No. 09/720,007
page 4, but a preferred analog is 1-(aminomethyl)-cyclohexane acetic acid, also
known as gabapentin. Page 3. The specification theorizes that
gabapentin could have a dual mechanism in the relief of acute renal
colic through its interference with central and peripheral pain
pathways in addition to its potential to provide ureter smooth
muscle relaxation. Based on this possible dual mechanism
gabapentin provides superior pain relief for renal colic relative to
existing analgesics.
Page 7.
Discussion
The claims are directed to a method of “treating a mammal suffering from
renal colic” by administering an effective amount of a GABA analog. As the
specification makes clear, the effect of the treatment is simply to relieve the pain
associated with the passage of kidney stones, not to treat the renal colic per se.
The examiner rejected the claims as obvious in view of Singh, Wetzel, and
Field. The examiner cited Singh and Wetzel as “teach[ing] that gabapentin
and/or pregabalin can be used as a pain killer for use in a variety of pain
syndromes,” although he acknowledged that “neither Singh nor Wetzel et al.
highlight that pain resulting from renal colic could be effectively relieved.”
Examiner’s Answer, page 3. The examiner concluded that the claimed method
would have been obvious nonetheless, because
Singh and Wetzel et al. disclose the presently claimed actives for
the treatment of variety of pain disorders and Field et al. . . .
teaches that gabapentin or pregabalin can be used to relieve pain
without causing the side effects of morphine. From the above, the
skilled artisan would have been motivated to employ either
gabapentin or pregabalin for the treatment of pain associated with
renal colic because the actives were known to be useful for treating
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