Appeal No. 2001-0980
Application 08/953,146
Claim 1 is representative of the subject matter on appeal and reads as follows:
1. An alkanol free anhydrous glycol based oral analgesic composition
comprising an analgesia producing amount of benzocaine, a glycol solvent
system for the benzocaine in an amount sufficient to dissolve the benzocaine
comprising polyethylene glycol, having a molecular weight of about 400 to 600
and a preservative agent in an amount sufficient to protect against
microbiological degradation consisting essentially of a combination of about
0.05% to about 0.2% by weight of methylparaben and about 0.25% to about
0.5% by weight of phenylcarbinol each based on the weight of the total
composition.
The references relied upon by the examiner are:
Singleton et al. (Singleton) 5,547,657 Aug. 20, 1996
Reuter et al. (Reuter) 5,446,063 Aug. 29, 1995
Di Colo et al.1 (Di Colo), “A Study of Drug-Vehicle Interactions in Anhydrous
Polyethylene Glycol Ointments” Chem. Abstracts, Vol. 99, No. 163959, Sept.
1983
Yamahira2, (Sumitomo) “Preservative for interferon formulations.” Chem.
Abstracts, Vol. 102 No. 32270 Mar. 28, 1993
Remington’s Pharmaceutical Sciences, Mack Publishing Co., pg. 1891, 15th
edition, 1975
Claims 1 through 4, 6 through 10, and 12 stand rejected under 35 U.S.C. § 103(a). As
evidence of obviousness, the examiner relies upon Singleton, Di Colo, Remington,
Reuter, and Sumitomo. We reverse.
1 We have obtained a copy of the full text Di Colo document and have considered the full text document in
reaching this decision.
2 The document which is the subject of this abstract is a Japanese published examined patent application.
We have obtained a copy of that document as well as a translation thereof. Our consideration of the
issues raised in this appeal have been based upon the translation.
2
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