Ex Parte CUFF et al - Page 2



              Appeal No. 2001-2157                                                               Page 2                
              Application No. 08/918,741                                                                               
              about 60% of the bone mass in the trabecular compartment of the bone within 3 to 6                       
              years after the cessation of menses.  This rapid loss is generally associated with an                    
              increase of bone resorption and formation.  However, the resorptive cycle is more                        
              dominant and the result is a net loss of bone mass.  Osteoporosis is a common and                        
              serious disease among postmenopausal women.  (Specification, page 1).                                    
                     At the time applicants' invention was made, raloxifene was a known therapeutic                    
              drug classified as a selective estrogen receptor modulator (SERM).  As stated in the                     
              background section of applicants' specification, page 3, line 34 through page 4, line 3:                 
                     Raloxifene, a second generation SERM, displays potentially useful                                 
                     selectivity in uterine tissue with apparent advantages over                                       
                     triphenylethylene-based estrogen receptor ligands.  As such, raloxifene                           
                     appears to be well-suited at least for the treatment of postmenopausal                            
                     complications, including osteoporosis and cardiovascular disease.                                 
              Applicants note, however, that:                                                                          
                     The advancement of raloxifene, in particular, has been somewhat                                   
                     hampered by its physical characteristics, both as to bioavailabilitiy and                         
                     manufacturing.  For example, raloxifene is generally insoluble, which may                         
                     affect bioavailability.  Clearly, any improvement in the physical                                 
                     characteristics of raloxifene and in closely related compounds would                              
                     potentially offer a more beneficial therapy and enhanced manufacturing                            
                     capabilities.                                                                                     
                     Thus, it would be a significant contribution to the art to provide                                
                     amorphous forms of raloxifene and related compounds which have                                    
                     increased solubility, methods of preparation, pharmaceutical formulations,                        
                     and methods of use.  [Specification, page 4, lines 9-20].                                         
                     Applicants' invention is drawn to raloxifene "in an amorphous form;" to a process                 
              for preparing same; to a pharmaceutical formulation comprising amorphous raloxifene                      
              in combination with a pharmaceutically acceptable carrier, diluent, or excipient; and to a               
              method for inhibiting bone loss or bone resorption by administering to a patient in need                 
              thereof amorphous raloxifene.                                                                            





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