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Only some comparison can make such evidence meaningful and the comparison must be such as to show at least a prima facie case of success - such as a comparison between sales of prior art products and patented products, or between the patentees sales before and after manufacture in accordance with the invention. In all three requests, claim 8 differs from the corresponding original claim in that inter alia the mode of administration has been restricted to oral administration. Thus, as regards the compounds of document (d29) described as vasodilators, the appellants stressed that the skilled person would have expected that the systemic use of these would cause rather than treat impotence.
Claim 8 of auxiliary request 1 differs from that of the main request only in that the use concerns selective cgmp-specific pde v inhibitors in lieu of pde v inhibitors. Never take more than one pill in the same day. Document (d29) has to be seen as relating generally to treatments of diseases involving inter alia potentiation of the effects of endothelium derived relaxing factor (edrf) (see paragraph 4.
They did not accept that document (d29) could be the closest prior art, stressing that it relates to patients with cardiovascular diseases and that impotence is a frequent side-effect of antihypertensive drugs taken for just such diseases. Generally speaking, prejudice cannot be demonstrated by a statement in a single patent specification, since the technical information in a patent specification or scientific article might be based on special premises or on the personal view of the author. However, they accepted that the result should be the same whether starting from document (d29) or from document (d30).
It will open the door for future research and development of huge potential. R2 is h c1-c6 alkyl optionally substituted with c3- c6 cycloalkyl c1-c3 perfluoroalkyl or c3-c6 cycloalkyl r9 and r10 together with the nitrogen atom to which they are attached form a pyrrolidinyl, piperidino, morpholino or 4-n(r12)-piperazinyl group wherein said group is optionally substituted with c1-c4 alkyl, c1-c3 alkoxy, nrl3rl4 or conr13r14 r11 is h c1- c3 alkyl optionally substituted with phenyl (hydroxy)c2-c3 alkyl or c1-c4 alkanoyl r12 is h c1-c6 alkyl (c1-c3 alkoxy)c2-c6 alkyl (hydroxy)c2-c6 alkyl (r13r14n)c2-c6 alkyl (rl3rl4noc)cl-c6 alkyl conrl3rl4 csnrl3rl4 or c(nh)nrl3rl4 or a pharmaceutically acceptable salt thereof, or a pharmaceutical composition containing either entity, for the manufacture of a medicament for the curative or prophylactic oral treatment of erectile dysfunction in a male animal, including man. The existence of such prejudice is normally demonstrated by reference to the literature or to encyclopaedias published before the priority date.
There is no room for doubt that at that time a high priority in the search for any new treatment was that it should be administered orally this was considered to be the ideal form of treatment. The board notes that the application as originally filed does indeed encompass various means of administration. Furthermore, throughout the cited documents it appears that vasodilators, such as minoxidil or hydralazine are considered to have a relatively minimal impotence-inducing effect (see document (15), page 3462 document (19), page 4 and document (20), page 420, bottom of the left-hand column).
Since, at the priority date, all the effective drugs were given intracavernosally, it was believed that treatment of erectile dysfunction had to be confined to the genital area in order both to be effective and to avoid side effects. Accordingly, the appellants arguments - that the relevance of document (d29) is limited to cardiovascular disease, that it does not disclose compounds having selective pde va inhibitory activity, that document (d48) is speculative, and that the skilled person would not have combined those two documents - must fail. Second, when presenting evidence of commercial success in the form of sales figures (whether by market share or money value or units sold or, in the case of pharmaceuticals, prescriptions written or dispensed) the figure for one year is of little if any value, however high that figure may be. This made it 34th highest selling prescription drug by worldwide sales in 1999 (up from 41st in 1998). In discussion with your lemonaid doctor, we can then adjust the viagra strength if necessary based on your experience.
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Eritropoietina Controindicazioni Viagra Buy Online Claim 8 of auxiliary request 2 differs from the main request or auxiliary request 1 only in that the use concerns cgmp pde inhibitors. As the calciumcalmodulin (cacam)-independent cgmp pde enzyme is obtained from rabbit platelets in document (d29), it is clear that it corresponds to pde va. In all states other than kansas, lemonaid services are provided by lmnd medical group, inc. The appellants (patentees) requested that the decision under appeal be set aside and that the patent be maintained in accordance with the main request or one of the auxiliary requests 1 to 5 filed with their letter of 27 september 2004. The use of a cgmp pde inhibitor, or a pharmaceutically acceptable salt thereof, or a pharmaceutical composition containing either entity, for the manufacture of a medicament for the curative or prophylactic oral treatment of erectile dysfunction in man, Diagnosis and treatment of erectile disturbances new york, plenum, segraves. Yet, as the previous paragraphs show, The use of a selective cgmp-specific pdev inhibitor, or a pharmaceutically acceptable salt thereof, or a pharmaceutical composition containing either entity, for the manufacture of a medicament for the curative or prophylactic oral treatment of erectile dysfunction in man.
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Similar observations can be made in relation to the remaining category of such success evidence - volume of sales (see paragraph vi (10) above). It is suitable for acute, chronic or prophylactic treatment. The auxiliary request filed during the oral proceedings, wherein granted claims 10 and 11 were deleted and claim 1 was amended by the introduction of wherein the medicament is adapted for oral treatment, met the requirements of articles 84, 100(b) and (c) and 123 epc. Like all medicines, viagra comes with a risk of side effects. Document (d48) describes briefly the isoforms of the cgmp-specific pde isoenzyme (pde v).
They did however question exactly what such prizes and praises related to and the board shares that scepticism. The issue of whether oral administration was disclosed in the application as filed, and thus whether article 123(2) epc has been contravened, arises in relation to claim 8 of all of the main and first and second auxiliary requests. The board therefore cannot agree with the appellants argument that oral administration would have been inevitably necessary in solving the technical problem underlying the application. It should be also be remembered in this context that document (d48) is a review article, in other words a paper written with knowledge of most or all of the then current literature, and that it was published in april 1993 i. However, the teaching of document (d48) with respect to the potential therapeutic uses of pde va inhibitors should not be restricted to selective pde va inhibitors, such as zaprinast, but should also include non-selective pde va inhibitors, albeit with potential associated side effects.
The prejudice must have existed at the priority date, any prejudice which might have developed later is of no concern in the judgment of inventive step (t 34194, t 53195 and t 45296). However, no direct relationship had been established between the vasodilatory effect and impotence. However, the subject-matter of claim 10 contravened article 100(c) epc, since there was no general explicit disclosure in the application as filed that cgmp pde inhibitors could be used in the oral treatment of male erectile dysfunction. It is of course impossible for the board to establish the correctness or otherwise of the statements made in the various documents relied on by the appellants. In discussion with your lemonaid doctor, we can then adjust the viagra strength if necessary based on your experience. The appellants emphasised that, at the filing date of the patent in suit, there were no effective oral drug therapies for the treatment of sexual dysfunction. In all states other than kansas, lemonaid services are provided by lmnd medical group, inc. But again there is no evidence that such notoriety resulted from the exact nature of the claimed invention - it might equally possibly have resulted from massive advertising andor pubic relations campaigns. At a first glance, the first sentence cited appears to allow both interpretations, i. The requirement for a demonstrated nexus between the facts relied on and the claimed inventive step is missing.Find out which dosage is best for you and how often you can take it. Our drug store presents high quality pills. Buy Online Pfizer Viagra. The best pharmacy shop ...