nor would have suggested, the claimed two membranes capable of
releasing a drug in the claimed rate.
NEW REJECTION UNDER § 1.196(b)
Under the provisions of 37 CFR § 1.196(b), the following
new ground of rejection is entered against claims 1, 3, 7 and
9 through 11.
Claims 1, 3, 7 and 9 through 11 are rejected under 35
U.S.C. § 103 as unpatentable over the disclosure of the
Eichel reference.
The Eichel reference describes a “sustained-release
pharmaceutical preparation comprising an admixture of uncoated
and/or single walled water soluble drug, such as aspirin, and
dual walled coated drug (emphasis supplied).” See abstract.
The dual wall structure has an inner wall microencapsular
control coating and an outer wall enteric coating. Id.; see
also page 3, lines 15-18. “The inner wall microencapsular
control coating is preferably selected from the group
consisting of ethyl cellulose, hydroxy propyl cellulose and
carboxy methyl cellulose.” See page 3, lines 27-28. The
preferred outer wall enteric coating is cellulose acetate
phthalate which dissolves at pH 7.5 as found in the intestine.
See page 3, lines 31-34. “Other enteric coatings may be used
as long as they do not readily dissolve or disperse in the
7
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