Appeal 2007-1378
Application 10/327,459
1 A simple method to provide a description of flow characteristics by
2 bulk density measurement is Carr’s Compressibility Index. Specification,
3 page 13:9-12.
4 Carr’s Compressibility Index is said to be a simple test to evaluate
5 flowability by comparing both the initial and final (tapped) bulk volumes
6 and the rate of packing down. Specification, page 13:13-15.
7 A useful empirical guide to flow is given by Carr’s Compressibility
8 Index: Compressibility Index (%) = [(tapped density – initial density)
9 divided by tapped density] x 100. Specification, page 13:16-20.
10 Appellants tell us that it is preferred that the granules have a Carr’s
11 Compressibility Index of less than about 34%, more preferably less than
12 about 31%, and even more preferably less than about 28%. Specification,
13 page 14:1-5.
14
15 Claims on appeal
16 Since appellants do not single out any particular claim for special
17 consideration, we will treat claim 1 on appeal as representative of the
18 claimed invention. 37 C.F.R. § 41.37(c)(1)(vii) (2006).
19 Claim 1 reads:
20 A dry blend, used for forming azithromycin tablets by direct
21 compression, comprising:
22 (a) about 1-80%, by weight, non-dihydrate azithromycin;
23 (b) at least one pharmaceutically acceptable excipient; and
24 (c) from about 0.25-10%, by weight, of a lubricant;
5
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