Appeal No. 1995-3021
Application 07/949,347
acetyl salicylic acid, acetaminophen or a combination of 10 to 80% of acetyl salicylic acid and
20 to 90% of acetaminophen, and from 7.5 to 20 mg of codeine as a centrally active agent.
The references relied upon by the examiner are:
Hertz et al. (Hertz), Chemical Abstracts, “Analgesic effect of acetaminophen-codeine
combination in mice,” Vol. 103, p. 59, abstract 64783K (1985).
Windholz et al. (Windholz), The Merck Index, “An Encyclopedia of Chemicals, Drugs,
and Biologicals,” Tenth Edition pp. 7, 15 and 350, abstracts 39, 98 and 2423 (1983).
A reference relied upon by this merits panel is:
Hertz et al. (Hertz), “Analgesic Effect of Acetaminophen-Codeine Combination in Mice,”
Drug Development Research, Vol. 6, pp. 55-60 (1985).
Claims 1, 2, 4 through 6, 8 and 9 stand rejected under 35 U.S.C. § 103 on the basis of
The Merck Index. Claims 1, 3, 6 and 7 stand rejected under 35 U.S.C. § 103 on the basis of the
Chemical Abstracts citation. We reverse.
DISCUSSION
1. Background
As set forth in the background portion of the specification, analgesic compositions were
known prior to the present invention which involved codeine as the central acting agent and
either acetaminophen or acetyl salicylic acid or a combination of these two agents as the
peripherally acting agent. Appellant indicates that the “most universal combinations come in two
forms of either 30 or 60 mg of codeine with 300 mg acetaminophen or 325 of acetyl salicylic
acid.” Appellant indicates that there is a tradeoff in determining the amount of codeine to be
included in such a composition. Smaller amounts of codeine are less effective as an analgesic
2
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