Ex parte GODDARD et al. - Page 2




          Appeal No. 95-1820                                                           
          Application 08/115,836                                                       


          than 150 microns average and a length to width aspect ratio of               
          from about 4 to 1 to about 5 to 1 comprising                                 
               (a) forming a saturated solution of ibuprofen in a                      
          liquid hydrocarbon solvent at a temperature from about 20EC to               
          about 60EC;                                                                  
               (b) seeding said saturated solution with solid                          
          ibuprofen;                                                                   
               (c) cooling said saturated solution to a temperature of                 
          about 0EC to about -20EC at a rate to retard primary nucleation              
          and promote secondary nucleation to obtain a slurry; and                     
               (d) separating the crystalline ibuprofen from the liquid                
          phase of the slurry.                                                         
               15. Crystalline ibuprofen having a crystal habit                        
          characterized by having a particle length larger than 150 microns            
          average and a length-to-width aspect ratio of from about 4.1 to 1            
          to about 5 to 1.                                                             
               The examiner relies upon the following reference as evidence            
          of obviousness:                                                              
          Gordon et al. (Gordon)      4,476,248                 Oct. 9, 1984           
               Appellants' claimed invention is directed to crystalline                
          ibuprofen having a specific crystal habit, and a process for                 
          preparing the crystalline ibuprofen.  The crystalline ibuprofen              
          of the present invention has an average particle length greater              
          than 150 microns and a length to width aspect ratio of from about            
          4 to 1 to about 5 to 1.  The process entails seeding a saturated             
          solution of ibuprofen in a liquid hydrocarbon solvent followed by            
          cooling the saturated solution at a rate which retards primary               
          nucleation and promotes secondary nucleation.  According to the              

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