Appeal No. 2001-0941 Page 2
Application No. 08/890,705
said method comprising the steps of:
a) mixing components comprising:
40 to 75% by weight St. John’s Wort extract,
1.0-5.0% by weight binder,
8-18% by weight dissolution regulator,
up to 30% by weight filler,
and less than at least one of the final proportion of glidant and
the final proportion of lubricant of 0.2 to 5.0% by weight glidant,
and 0.5 to 2.5% by weight lubricant to form a slug,
b) breaking the slug down into particulates which can be
subsequently compressed into a tablet,
c) adding sufficient glidant and/or lubricant to form a composition
with final proportions of both glidant and lubricant of 0.2 to 5.0%
by weight glidant, and 0.5 to 2.5% by weight lubricant, and
d) compressing the composition to form a tablet.
The examiner relies on the following references:
Lavie et al. (Lavie) 4,898,891 Feb. 6, 1990
Evenstad et al. (Evenstad) 5,126,145 Jun. 30, 1992
Kikuta et al. (Kikuta) 5,288,485 Feb. 22, 1994
Erdelmeier et al. (Erdelmeier) WO 97/13489 Apr. 17, 1997
Remington’s Pharmaceutical Sciences (Remington’s), 16th Ed., Chp. 89,
“Tablets, Capsules, and Pills,” pp.1553-1566 (1980)
Claims 6-10 and 17-28 stand rejected under 35 U.S.C. § 103 as obvious
in view of Erdelmeier, Lavie, Remington’s, Evenstad, and Kikuta.
We reverse.
Background
The specification discloses compositions comprising extracts of St. John’s
Wort (Hypericum perforatum), and methods of formulating these compositions
into tablet form. The compositions comprise specific weight percent ranges of
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