Appeal No. 2003-1716 Page 3
Application No. 09/946,205
Initially, we note applicant's statement that "[c]laims 1-7 are presented for
appeal. Claims 1-7 stand or fall together with respect to the rejection made by the
Patent Office" (Paper No. 10, page 3). Accordingly, for the purposes of this appeal, we
shall treat dependent claims 2 through 5 as standing or falling together with
independent claim 1 in considering the rejection under 35 U.S.C. § 102(b). We shall
treat dependent claims 2 through 7 as standing or falling together with independent
claim 1 in considering the rejection under 35 U.S.C. § 103(a).
Section 102
Lukas-Laskey discloses a method for decreasing the mortality of patients
suffering from congestive heart failure. According to the Lukas-Laskey method, a
specified carbazole compound, preferably carvedilol, is administered "in conjunction
with one or more other therapeutic agents, said agents being selected from the group
consisting of angiotensin converting enzyme (ACE) inhibitors, diuretics, and cardiac
glycosides" (page 1, lines 17-20). Lukas-Laskey identifies a preferred diuretic, hydro-
chlorothiazide, at page 6, lines 11 and 12 ("the preferred diuretics of the present
invention are hydrochlorothiazide furosemide or torasemide or any pharmaceutically
acceptable salts thereof").
Further, Lukas-Laskey discloses that pharmaceutical compositions
including carvedilol, alone or in combination with ACE inhibitors, or
diuretics, or cardiac glycosides may be administered to patients according
to the present invention in any medically acceptable manner, preferably
orally [page 6, lines 27-30].
In another passage, Lukas-Laskey states that
Alternatively, these compounds may be encapsulated, tableted or
prepared in a [sic] emulsion or syrup for oral administration.
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