Appeal No. 97-2174
Application No. 08/214,763
This is a decision on an appeal from the final rejection
of claims 1 through 24 which are all of the claims in the
application.
The subject matter on appeal relates to a medicinal
aerosol formulation which includes a dispersing aid compound
comprising a chain of diol/diacid condensate units. This
appealed subject matter also relates to a method of
stabilizing a suspension aerosol formulation by incorporating
into the formulation the aforementioned dispersing aid
compound. This subject matter is adequately illustrated by
independent claim 1 which reads as follows:
1. A medicinal aerosol formulation, comprising:
(i) a dispersing aid comprising a compound
comprising a chain of diol/diacid condensate
units;
(ii) a propellant; and
(iii)a therapeutically effective amount of a
particulate drug;
wherein the formulation is readily redispersible and when
redispersed does not flocculate, settle, or cream so quickly
as to prevent reproducible dosing of the drug.
The references relied upon by the examiner as evidence of
obviousness are:
Moris (PCT) WO 92/00062 Jan. 9, 1992
JP 04198394A (Derwent Abstract) 1992
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