Appeal No 94-2912
Application 07/752,831
This is an appeal from an examiner’s rejection of Claims
1, 23, 31-33 and 39-41, all claims pending in this
application. Claims 1, 23, 31-33 and 39-41 stand rejected
under 35 U.S.C.
§ 103 as being unpatentable in view of the combined teachings
of Packman, U.S. Patent 4,945,084, issued July 31, 1990, from
an application filed July 8, 1987; Lazaridis et al.
(Lazaridis), U.S. Patent 4,990,610, issued February 5, 1991,
from an application filed December 16, 1988; Bristol et al.
(Bristol), U.S. Patent 4,361,567, issued November 30, 1982;
Mitsuhashi
et al. (Mitsuhashi), U.S. Patent 4,812,444, issued March 14,
1989; and The Merck Index, Ninth Edition, Merck & Co., Inc.,
Compound Nos. 1832, 4675, 7360, and 8283, pages 23, 630, 985,
1103 and 1104, (1976).
Claims 1 and 23 are representative of the subject matter
claimed and read:
1. A method of treating a patient suffering from an
aphthous ulcer, the method comprising
administering
to said patient a topical preparation containing
sucralfate as an essential ingredient, wherein:
(a) the sucralfate is admixed with an aqueous
carboxypolymethylene medium containing
polysorbate 80 and simethicone, said medium
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