Appeal No. 98-2769
Application 08/485,960
Appellants’ invention relates to a method for delivering a therapeutic agent through a body
surface (i.e., the human skin) utilizing adjustable electrotransport, and to an electrotransport device or
system capable of such use. As noted in the paragraph bridging pages 8 and 9 of the specification,
“[t]he present invention is characterized by an ability to vary drug delivery rate
utilizing a fixed output electronic controller and multiple drug-containing units in an
electrotransport system. The system permits a physician to alter drug dosages for a
patient without the need to replace the controller, instead, the physician simply
prescribes a new class of drug-containing units for use with the same controller. In this
manner, the controller output can be set or programmed at the factory or by a
pharmacist, e.g., when the controller is first dispensed. The system provides less
expensive electrotransport drug delivery regimens because (1) the controller has no
patient adjustable electric current/voltage output features, and (2) the controller is
reusable, i.e., it is adapted to be used with a plurality of similar or different drug-
containing units. Adjusting the drug delivery (i.e., dosing) rates is achieved through a
novel combination of physical and chemical features.”
Independent claims 1, 6, 11 and 21 are representative of the subject matter on appeal and a
copy of those claims, as reproduced from the Appendix to appellants’ brief, is attached to this decision.
The prior art references of record relied upon by the examiner in rejecting the appealed claims
are:
Phipps et al. (Phipps ‘894) 5,125,894 June 30, 1992
Sibalis et al. (Sibalis ‘479) 5,135,479 Aug. 4, 1992
Chien et al. (Chien) 5,250,022 Oct. 5, 1993
Claims 9 and 19 stand rejected under 35 U.S.C. § 112, first paragraph, as being based on a
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