Appeal No. 2002-1254 Page 2
Application No. 09/411,381
26. A pharmaceutical composition according to claim 23 wherein the
pharmaceutically acceptable carriers include a suspending agent.
28. A pharmaceutical composition according to claim 26, wherein the
suspending agent is xanthan gum.
The examiner relies on the following reference:
Latter et al. (Latter) 4,981,874 Jan. 01, 1991
Claims 20-27, 30, and 31 stand rejected under 35 U.S.C. § 102(b) as
anticipated by Latter.
Claims 28 and 29 stand rejected under 35 U.S.C. § 103 as obvious in view
of Latter.
We reverse.
Background
Atovaquone is a known compound used for treatment of Pneumocystis
carinii pneumonia. See the specification, page 1. However, “[t]he efficacy of
atovaquone as a therapeutic agent is limited by its bioavailability.” Id., page 2.
The specification discloses that “conventional methods of reducing the particle
size of atovaquone were found to be unsuccessful in producing particles of the
size required to improve bioavailability.” Id. However, “microfluidised particles of
atovaquone . . . have improved bioavailability of the compound. It is believed
that this is due to the small size and narrow range of sizes of the microfluidised
atovaquone particles.” Id. Microfluidization is a mixing process “in which fluid
streams interact at very high velocities and pressures.” Id. It is used “primarily
. . . in the food and pharmaceutical industries, for the preparation of e.g. emulsion
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