Appeal No. 95-4433
Application No. 07/994,040
The subject matter on appeal relates to crystalline
azithromycin dihydrate and to a method for the preparation
thereof. Further details of this subject matter are readily
apparent from a review of the appealed claims which read as
follows:
1. Crystalline azithromycin dihydrate.
2. A method of preparing crystalline azithromycin
dihydrate which comprises crystallization of amorphous
azithromycin or azithromycin monohydrate from a mixture of
tetrahydrofuran and a (C -C ) aliphatic hydrocarbon in the
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presence of at least 2 molar equivalents of water.
3. A method of claim 2 wherein the hydrocarbon is
hexane.
The references relied upon by the examiner as evidence of
obviousness are:
Desposato et al. (Desposato) 4,219,641 Aug.
26, 1980
Bright 4,474,768 Oct. 2,
1984
Claims 1 through 3 stand rejected under 35 U.S.C. § 103
as being unpatentable over Bright in view of Desposato.
This rejection cannot be sustained.
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