Appeal No. 95-2281
Application 07/964,548
This claim reads as follows:
40. A dosage form for administering a drug to a patient,
wherein the dosage form comprises:
(1) a wall comprising a semipermeable composition, which
wall defines a compartment;
(2) 10 ng to 1200 mg of drug in the compartment;
(3) a push composition in the compartment for pushing the
drug from the dosage form;
(4) at least one exit port in the dosage form for
delivering the drug from the dosage form; and wherein the dosage
form is characterized by the compartment comprising:
(5) 15 wt% to 60 wt% of a hydrophilic polymer that
precipitates in situ in the presence of fluid that enters the
compartment and means for causing the hydrophilic polymer to
precipitate comprising the drug whereby the dosage form,
administers the drug to the patient.
THE REFERENCE
Ayer et al. (Ayer) 5,019,396 May 28, 1991
THE REJECTION
Claim 40 stands rejected under 35 U.S.C. § 103 as being
unpatentable over Ayer.
OPINION
We have carefully considered all of the arguments advanced
by appellants and the examiner and agree with appellants that the
aforementioned rejection is not well founded. Accordingly, this
rejection will be reversed.
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