Ex Parte RUBIN - Page 3




               some patients fluctuate unpredictably between mobility and               
               immobility ("the on-off effect").  "On" periods are usually              
               associated with high plasma levodopa concentrations and                  
               often include abnormal involuntary movements, i.e.,                      
               dyskinesias.  "Off" periods have been correlated with low                
               plasma levodopa and bradykinetic episodes.                               
                    In an effort to reduce the occurrence of "wearing off"              
               and "on-off" phenomena, a controlled release oral dosage                 
               combination was introduced with claims of slow and                       
               simultaneous release of carbidopa and levodopa from the                  
               formulation (US Patent Number 4,900,755 issued February 13,              
               1990).  Data from clinical trials cited in the patent                    
               indicate that effective antiparkinson effects were achieved              
               with fewer daily doses of the controlled release form as                 
               compared with the conventional combination.                              

                    2.   The specification goes on to say (page 2,                      
          lines 12-22):                                                                 
                    Nevertheless, there remains a significant flaw in the               
               therapeutic application of controlled release carbidopa-                 
               levodopa; that is the considerable delay in onset of action.             
               Mean time to peak concentration in healthy elderly subjects              
               was found to be two hours for controlled release carbidopa-              
               levodopa and only 0.5 hours for the conventional form                    
               (Physicians Desk Ref., 47th Ed., p. 976, 1993 [copy in the               
               record]).  A controlled release dosage form that could also              
               provide rapid onset of action, at least equivalent to that               
               of conventional carbidopa-levodopa would have an obvious                 
               clinical advantage over current therapy.                                 






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