Appeal No. 2000-1909 Page 2
Application No. 08/790,528
integral with a chewable tablet, the chewable tablet including an acid
neutralizing agent, an anti-gas agent, and an acid production inhibitor.
The examiner relies upon the following references:
Beringer et al. (Beringer) 4,139,589 Feb. 13, 1979
Cherukuri et al. (Cherukuri) 4,971,787 Nov. 20, 1990
Singer et al. (Singer) 5,294,433 Mar. 15, 1994
Upson WO92/17161 Oct. 15, 1992
Caldwell WO95/05173 Feb. 23, 1995
France 0 349 103 Jan. 03, 1990
(European Patent )
Gottwald 0 322 048 June 28, 1989
(European Patent)
FDA Consumer (1995), p. 759, listing of product labeled “Tempo”
Drug Facts and Comparisons, (50th ed. 1996), Chapter 7, “Gastrointestinal
Drugs” pp. 1823-1891
Claims 1-9 and 19 stand rejected as obvious over the combination of
“Tempo” as set forth in FDA Consumer and Singer. Claims 10-20 stand rejected
as obvious over the combination of Caldwell, Gottwald, France or Upson and
Drug Facts and Comparisons, Beringer and Cherukuri. After careful review of
the record and consideration of the issues before us, we reverse both rejections.
DISCUSSION
Claims 1-9 and 19 stand rejected under 35 U.S.C. § 103(a) as being
obvious over the combination of “Tempo” as set forth in FDA Consumer and
Singer. The rejection is set forth in relevant part below.
FDA Consumer, 1995 sets forth a product marketed under
the trade name “Tempo” which comprises calcium carbonate, an
antacid, and simethicone, an anti-flatulent, in a chewable matrix for
the treatment of gastroesophageal disorders. Singer [ ] discloses
H-2 antagonists in a chewing gum base. . . . Singer indicates that
H-2 antagonists are well known in the art for the treatment for
esophagitis through the inhibition of acid production. . . . Singer
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