Appeal No. 2006-0429 Page 6
Application No. 10/348,399
3. Claims 1, 4-7, and 9
Under the provisions of 37 CFR § 41.50(b), we enter the following new ground of
rejection: claims 1, 4-7, and 9 are rejected under 35 U.S.C. § 103 as obvious in view of
Coe, Cary, and the PDR Sinequan® entry. As discussed above, Coe discloses a group
of aryl fused azapolycyclic compounds useful in treating a variety of conditions,
including “chemical dependencies and addictions (e.g., dependencies on, or addictions
to nicotine (and/or tobacco products) . . .).” See page 1, lines 7-17. See also page 76,
lines 17-20 (claim directed to composition for treating nicotine addiction). One of the
disclosed compounds is 4,5-difluoro-10-aza-tricyclo [6.3.1.02,7] dodeca-2(7),3,5,-triene
hydrochloride. Page 6, line 13.
Cary teaches that “[a]nxiolytics have been administered to treat nicotine
withdrawal. Anxiolytics counter the mild anxiety symptoms that occur during smoking
cessation treatment.” Page 3, lines 20-22.
The PDR entry for Sinequan® (doxepin hydrochloride; page 2366, middle column
under “Description”) discloses that it is useful in treating anxiety (page 2366, right-hand
column, under “Indications”); i.e., it is an anxiolytic.
It would have been obvious to a person of ordinary skill in the art at the time the
invention was made to combine the 4,5-difluoro-10-aza-tricyclo [6.3.1.02,7] dodeca-
2(7),3,5,-triene hydrochloride disclosed by Coe with the anxiolytic doxepin hydrochloride
because Coe teaches that the first compound is useful in treating nicotine addiction and
Cary teaches that anxiolytics such as doxepin hydrochloride are useful in treating the
anxiety that accompanies smoking cessation.
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